Search and seizure - national proceedings

Georgia

Georgia - Constitution 1995 (2018) EN

Chapter Two – Fundamental Human Rights
Article 14 – Freedom of movement
Personal space and communication shall be inviolable. No one shall have the right to enter a place of residence or other possessions, or to conduct a search, against the will of the possessor. These rights may be restricted only in accordance with law for ensuring national security or public safety, or for protecting the rights of others, insofar as is necessary in a democratic society, based on a court decision or without a court decision in cases of urgent necessity provided for by law. In cases of urgent necessity, a court shall be notified of the restriction of the right no later than 24 hours after the restriction, and the court shall approve the lawfulness of the restriction no later than 24 hours after the submission of the notification.

Chapter Three – Parliament of Georgia
Article 39 – Member of the Parliament of Georgia
The seizure or extraction of Written materials related to this issue shall be inadmissible. This right shall be retained by a Member of Parliament after his/her term of office expires.

Georgia - Law on International Cooperation in Criminal Matters 2010 EN

Chapter 2 Provision of legal assistance in criminal cases

Article 12 - Reasons for denying a request for legal assistance

2. Where a request for legal assistance stipulates search, seizure, or property seizure and the relevant legal grounds do not provide otherwise, the request shall be executed only if:

a. the crime with respect to which legal assistance is sought is punishable both under the legislation of the requesting foreign state and of Georgia;

b. the perpetrator of the crime with respect to which legal assistance is sought is subject to extradition under the legislation of Georgia;

c. the execution of the request is consistent with the legislation of Georgia.

Georgia - Law on International Cooperation in Law Enforcement 2003 EN

Chapter 3 Types of Coordination

Article 11

Search for persons and items in order to determine their whereabouts

1. The appropriate law enforcement authorities of Georgia, in agreement with the Ministry of Internal Affairs of Georgia, based on a received request, shall carry out all necessary measures provided for by the legislation of Georgia to identify the location of persons and/or items including vehicles, ships, and aircraft subject to search.

2. The appropriate foreign law enforcement authorities shall carry out procedures provided for by the legislation of their countries, based on a request sent by the law enforcement authorities of Georgia to determine the whereabouts of persons and/or items including vehicles, ships, and aircrafts subject to search.

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:

(h) The execution of searches and seizures;