Article 149 – Duty to appear; compelled appearance

1. A party may file a motion requesting summoning of its witness to a court session.

2. A person summoned by a court in cases provided for by law shall be obliged to appear at exactly the designated time and place. If the person fails to appear, he/she may be compelled to appear.

3. The purpose of compelled appearance is to ensure the participation of a witness in an investigative or any other procedural action or in a court session if a witness refuses to appear voluntarily.

4. The party initiating an expert examination shall be obliged to ensure the compelled appearance of the accused, a victim or a witness before an expert if it is necessary to examine their bodies or their mental condition, or if the presence of these persons during an expert examination is considered necessary. A person shall be compelled to appear based on a motion of a party, under a court ruling, which is issued in the manner provided for by Article 144(3) of this Code. The accused may be compelled to appear at the stage of investigation only under a court ruling.

Article 188 – Appearance of a party at a court session

1. A party shall be obliged to appear at a court session at the specified time.

2. Before a court session begins, the party shall notify the court, in the manner provided for by this Code, of his/her inability to appear for a valid reason.

3. Upon motion of a party, the court may decide that the moving party may participate in the hearing remotely, using technical means, of which the parties shall be preliminarily notified.

Article 196 – Initial appearance of the accused in court

1. Not later than 48 hours after the arrest, the prosecutor shall, according to the place of investigation, file a motion with the court for application of a measure of restraint.

2. In special cases, when the accused cannot be brought from the place of custody to the court due to his/her illness or a natural calamity or other objective reasons, the judge may hold a court session at the detention facility.

Article 228 – Appearance of the parties and witnesses

1. The parties shall ensure the appearance of their witnesses before the court.

Chapter 3 Types of Coordination

Article 16

Protection of participants in criminal processes and other persons

1. The appropriate law enforcement authorities of Georgia may upon request cooperate with the foreign law enforcement authorities in transferring participants of criminal processes and other persons to foreign countries from Georgia, or from foreign countries to Georgia, according to the legislation of Georgia and the legislation of foreign countries.

2. The Ministry of Internal Affairs of Georgia shall ensure specific measures under the legislation of Georgia for protection of participants in criminal processes and other persons transferred from foreign countries to Georgia.

3. The Ministry of Internal Affairs of Georgia shall inform the foreign law enforcement authorities requesting specific measures of protection of the types of measures being applied for the participants in criminal processes and other persons transferred to Georgia.

4. The Ministry of Internal Affairs of Georgia shall conclude individual agreements with foreign law enforcement authorities for each specific case of transferring participants in criminal processes and other persons to/from the country, which shall determine cooperation details related to their transfer to/from the country.

5. The appropriate law enforcement authorities of Georgia shall make a decision for each specific case of transferring participants in criminal processes and other persons from foreign countries to Georgia.

6. The cooperation provided for in this article shall not prevent criminal proceedings being held in the territory of Georgia or of foreign countries.

7. When there are grounds for terminating protection of participants in criminal processes and other persons transferred from foreign countries to Georgia, the foreign law enforcement authorities shall immediately be informed. In such cases, the possibility of returning participants in criminal processes and other persons transferred from foreign countries to Georgia shall be discussed.

8. Participants in criminal processes and other persons transferred from foreign countries to Georgia shall follow the legislation of Georgia. If they violate the legislation of Georgia or the rules of behaviour specially defined for them, the appropriate foreign law enforcement authorities shall immediately be informed. Violation of the legislation of Georgia or the rules of behaviour by participants in criminal processes and other persons transferred from foreign countries to Georgia may be grounds for returning them.

9. Expenses related to the cooperation provided in this article shall be covered by the country from which participants in criminal processes and other persons have been transferred, unless otherwise determined in an international agreement of Georgia or in individual agreements.