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 4 Request of the International Court
Award of Damages
1. Provisions of Georgian legislation relating to award of damages for unlawful detention or other unlawful act will be applicable only if the prosecuted person has been subject to procedural measures under this Law in Georgia at the request of the International Court.
2. Damages to be awarded may be reduced or award of damages may be refused if the prosecuted person intentionally caused the investigation and detention in whole or in part or has intentionally protracted or complicated the proceedings.
3. Damage cause by unlawful arrest or detention or other unlawful act will not be covered by Georgia, if in accordance with the statute the damages must be awarded by the International Court or the International Court takes the decision to refuse the award of damages.
Chapter 5 Surrender of a person to the International Court
Termination of detention
1. Detention of a person arrested in accordance with Article 92 shall terminate if a request of the International Court together with accompanied materials is not submitted to the Responsible Agency within 60 days of the date the person was detained.
2. If a prosecuted person is detained, the time limit indicated in paragraph 1 of this Article shall be calculated from the moment the person was detained for the purpose of surrender to the International Court.
3. If a person is released from detention under paragraph 1 of this Article, it shall not preclude his further detention and surrender upon belated receipt of the request for surrender together with accompanied materials.
4. While releasing a person from detention, other provisions of the Georgian Criminal Procedure Code may apply, if that they do not contradict requirements of the Statute.
Chapter 3 Extradition
Article 16 Effect of extradition procedures conducted in a foreign state on criminal proceedings in Georgia
1.If a person who is subject to extradition to Georgia is detained in a foreign state, the term of detention of that person in Georgia shall be calculated from the moment of his/her actual transfer to the relevant Georgian authorities. The term of extradition detention in a foreign state of a person who is subject to extradition to Georgia shall be counted towards the total term of the sentence imposed by the court.
2. A person extradited to Georgia may not be prosecuted for or convicted of any other crime committed by him/her before the extradition, other than the crime for which he/she has been extradited to Georgia.
3. Unless otherwise provided for by an international or individual agreement of Georgia, paragraph 2 shall not apply if:
a. the state that conducted the extradition of the person to Georgia consents;
b. the extradited person who had the opportunity to leave Georgia did not leave the country within 45 days of his/her final release or returned again to Georgia after leaving its territory.
4. In the case provided for in paragraph 3 (a) of this article, a request for the consent of the relevant foreign state shall be accompanied by the relevant document(s) and contain the data indicated in Article 15 of this Law.
5. Unless otherwise provided for by an international or individual agreement of Georgia, paragraph 2 of this article shall not apply if, during proceedings following extradition, the legal classification (qualification) of the act committed by the person has changed, but the description and the essential elements of the crime have remained the same, and the new crime is subject to extradition.
Chapter 5 Transfer to a foreign state (or to Georgia) of persons sentenced to imprisonment for the purpose of serving a sentence
Article 54 - Provisional measures connected with the enforcement of a judgement
1. Where a person is sentenced to imprisonment by a judgement of a competent court of Georgia and the person is in the territory of Georgia, a provisional measure of detention may be applied to the convicted person by a ruling of a competent magistrate judge after the competent foreign authority consents to the enforcement of the judgement delivered against such person.
2. The ruling specified in paragraph 1 of this article shall be delivered in order to ensure the enforcement of the judgement of a competent court of Georgia in the foreign state and the transfer of the convicted person to the foreign state concerned.
3. A person detained on the basis of the provisional measure specified in paragraph 1 of this article shall immediately be transferred to the foreign state concerned after the Ministry of Justice of Georgia receives consent for the enforcement of the judgement of a competent court of Georgia.
4. Where the Ministry of Justice of Georgia receives a request of a foreign state for the enforcement on the territory of Georgia of a judgement delivered by a foreign competent court, which imposes imprisonment on a person located in Georgia, a provisional measure of detention may be applied to this person under a ruling of the relevant magistrate judge if the act for which the enforcement in the territory of Georgia of a judgement delivered by a foreign competent court is sought is deemed to be an offence under the Criminal Code of Georgia and if remand detention can be used in the case of its commission under the Criminal Procedure Code of Georgia.
5. A provisional measure of detention may also be applied to a person convicted by a foreign competent court where the foreign competent authority expresses its wish to enforce in the territory of Georgia the judgement delivered against such person.
6. The provisional measure specified in paragraph 5 of this article shall be applied upon the request of the relevant foreign state, and it shall contain:
a. information on the crime for which the person was convicted;
b. information on the location and time of the crime;
c. a description of the person having committed the crime;
d. a brief description of the circumstances of the case that served as the basis for the judgement.
7. The application of the provisional measure specified in paragraph 5 of this article shall be decided on by the relevant magistrate judge. A provisional measure of detention may be applied with respect to a convicted person if the requirements of paragraph 4 are complied with.
8. The term of the provisional measure of detention applied to a convicted person in Georgia for the purpose of enforcing a judgement of a foreign competent court may not exceed the term determined by the judgement, otherwise the convicted person shall be released immediately from detention.
9. A convicted person detained in Georgia shall also be released from detention if the provisional measure determined under paragraph 5 of this article has been applied to him/her and, within 18 days of his/her arrest, the Ministry of Justice of Georgia has not received from the competent foreign authority a request and materials relating to the enforcement of the judgement.
10. Upon the arrest of a convicted person for the enforcement of a judgement referred to in this Chapter, the relevant district prosecutor shall be notified according to the location of the person; the prosecutor shall, within 48 hours, apply to the relevant magistrate judge, according to the place of arrest, for the application of a provisional measure of detention against the convicted person.
11. A magistrate judge shall decide on the application of a provisional measure of detention to the convicted person in accordance with Article 206 of the Criminal Procedure Code of Georgia and taking account of the characteristics of the enforcement procedures. The decision of the magistrate judge may be appealed to the Investigative Chamber of the Court of Appeals within 7 days after it has been served on the convicted person. The Chamber shall review the appeal within 5 days.
12. The term of the provisional measure provided for by this article shall be two months, which may be extended by two months due to the enforcement requirements, but not more than twice.
13. In the case specified in paragraph 13 of this article, the relevant magistrate judge shall extend the term of the provisional measure of detention upon a reasonable motion of the prosecutor. The decision of the magistrate judge may be appealed to the Investigative Chamber of the Court of Appeals in accordance with Article 207 of the Criminal Procedure Code of Georgia.
14. Where a competent foreign authority requests the enforcement in the territory of Georgia of a judgement imposing a forfeiture of property, such property may be provisionally seized for securing its possible forfeiture.
15. The procedure specified in paragraph 14 of this article shall be conducted in accordance with the Criminal Procedure Code of Georgia.
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
(c) A person being transported shall be detained in custody during the period of transit;
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.