Production of evidence - national proceedings


Georgia - Law on International Cooperation in Law Enforcement 2003 EN

Chapter 3 Types of Coordination

Article 12

Controlled delivery

1. Based on a request received, in order to prevent and to clear crimes and/or to identify persons having committed a crime, the appropriate law enforcement authorities of Georgia shall carry out controlled delivery of such material evidence or items to Georgia, from Georgia abroad and from abroad to Georgia, or through Georgia, the free sale of which is prohibited and restricted by law.

2. In addition to the data provided for by Article 7(4) of this Law, the request of controlled delivery shall include information on:

a. composition of cargo, possible route, length of transportation, transportation type, and identification data of vehicles

b. type of escort

c. technical tools to be used

d. the number of persons participating in escorting and participation of operating officers from the requesting law enforcement authority, if necessary

e. type of contact with participants in the controlled delivery

f. terms of forwarding and receiving cargo

g. measures to be taken when encountering delays and unpredictable circumstances.

3. The appropriate law enforcement authorities shall make decisions for each specific case of controlled delivery in agreement with the Ministry of Internal Affairs of Georgia and the State Security Service of Georgia. The decision for controlled deliveries from Georgia abroad, from abroad to Georgia, or through Georgia shall also be agreed with the Ministry of Finance of Georgia.

4. The controlled delivery shall be carried out so that it may be terminated at any time.

5. The methods and details of controlled deliveries shall be determined by individual agreements concluded for this purpose with relevant law enforcement authorities of foreign countries, according to the Georgian or foreign legislation.

6. The appropriate law enforcement authorities shall monitor and manage controlled deliveries in the territory of Georgia.

7. The decision on the participation of representatives and operating officers of appropriate foreign law enforcement authorities in controlled deliveries in the territory of Georgia shall be made by the appropriate law enforcement authorities which, upon request of law enforcement authorities of the respective foreign countries, shall implement protection measures for the operating officers.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;