Chapter Three – Parliament of Georgia
Article 39 – Member of the Parliament of Georgia
The Arrest or detention of a Member of Parliament, or searches of his/her place of residence, place of work, vehicle or person, shall be permitted only with the prior consent of Parliament, except when a Member of Parliament is caught at the crime scene, in which case Parliament shall be notified immediately. Unless Parliament consents to the detention within 48 hours, the arrested or detained Member of Parliament shall be released immediately.
Chapter Four – President of Georgia
Article 51 – Oath, termination of the term of office, immunity, conflicts of interest and succession of the President of Georgia
The President of Georgia shall enjoy immunity. No one shall have the right to detain or bring criminal proceedings against the President of Georgia while in office.
Article 63 – Judge
Chapter Six – Judiciary and Prosecutor's Office
A judge shall enjoy immunity. criminal proceedings against a judge, his/her arrest or detention, and searches of his/her place of residence, place of work, vehicle or person shall be permitted only with the consent of the High Council of Justice and, in the case of a judge of the Constitutional Court, with the consent of the Constitutional Court. An exception may be made if a judge is caught at the crime scene, in which case the High Council of Justice or the Constitutional Court, respectively, shall be notified immediately. Unless the High Council of Justice or the Constitutional Court, respectively, consents to the detention, the detained judge shall be released immediately.
Article 2 – Procedure for applying the criminal procedure law; law analogy
7. A citizen of Georgia enjoying diplomatic immunity, as well as his/her family members residing abroad, shall be subject to the jurisdiction of the criminal procedure legislation of Georgia, unless they voluntarily consent to the application of the criminal procedure legislation of the country of their location.
Article 2 – Procedure for applying the criminal procedure law; law analogy
7. A citizen of Georgia enjoying diplomatic immunity, as well as his/her family members residing abroad, shall be subject to the jurisdiction of the criminal procedure legislation of Georgia, unless they voluntarily consent to the application of the criminal procedure legislation of the country of their location.
Article 173 – Immunity from arrest
The following persons may not be arrested: persons enjoying diplomatic immunity and their family members, the President of Georgia, a Member of the Parliament of Georgia, the General Auditor, the Public Defender of Georgia, the head of the Special Investigation Service, the head of the Personal Data Protection Service, and a judge. This prohibition, except for the President of Georgia, and persons enjoying a diplomatic immunity and their family members, shall not apply to a case under Article 171(2)(a) of this Code.
1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.