Chapter Two – Fundamental Human Rights
Article 32 – Citizenship of Georgia
The transfer of a citizen of Georgia to a foreign state shall be inadmissible except in cases provided for by an international treaty. The decision to transfer a citizen may be appealed to the court.

Chapter 2 Provision of legal assistance in criminal cases

Article 7 (1)

Temporary transfer of a person held in custody in Georgia to the territory of a foreign country for the purpose of participation in an investigative action

1. Where there are relevant legal grounds, if during the conduct of an investigative action in the territory of a foreign state in relation to a criminal case conducted by the competent authorities of Georgia, there arises a need for the presence of a person who is held in custody in Georgia, the investigator, prosecutor or judge (court) shall be authorised to require, through the Ministry of Justice of Georgia, a temporary transfer of this person to the territory of the foreign state for participation in the relevant investigative action.

2. In the case provided for by paragraph 1 of this article, prior written consent from the person held in custody in Georgia shall be necessary for a temporary transfer of such person to the territory of a foreign state.

3. The request specified in paragraph 1 of this article may be sent to a competent authority of a foreign state in the form of a request for legal assistance. The written consent of the person held in custody in Georgia, or a copy of such consent, shall be attached to the request.

4. The procedure and conditions for a temporary transfer of a person held in custody in Georgia to a foreign state shall be determined under a written agreement entered into between the Ministry of Justice of Georgia and the competent authorities of the foreign state.

5.In accordance with this article, a person temporarily transferred to the territory of a foreign state, including in the case of transit through a third State, shall remain in custody, if the Ministry of Justice of Georgia does not require their release from custody.

6. The period of detention of a person temporarily transferred to the territory of a foreign state shall be counted towards the total period of the sentence imposed by the court.

Chapter 3 Extradition

Article 17

Transfer of a person to a third state

1. A person extradited from a foreign state may not be transferred to a third state without the consent of the extraditing state.

2. For the purposes of this article, consent shall be requested by the Ministry of Justice of Georgia.

Chapter 3 Extradition

Article 35

Transfer of physical evidence

1. Unless otherwise provided for by an international or individual agreement of Georgia, the items and/or documents seized from an extraditable person, which can be used as evidence in a criminal case, shall be sent to the competent authority of the requesting state.

2. Items and documents of material value, if they do not belong to the extraditable person, shall be sent only after receiving assurances in respect of safeguarding and returning them to the owner. The assurances shall be given by the requesting authority.

Chapter 5 Transfer to a foreign state (or to Georgia) of persons sentenced to imprisonment for the purpose of serving a sentence

Article 43

General provisions on the transfer to a foreign state (or to Georgia) of persons sentenced to imprisonment for the purpose of serving a sentence

1. Where there are relevant legal grounds, a Georgian citizen or a person domiciled in Georgia who has been sentenced to imprisonment in a foreign state may request to be transferred to Georgia to serve the remaining part of the sentence.

2. Where there are relevant legal grounds, a foreigner sentenced to imprisonment in Georgia may request to be transferred to the his/her state of nationality to serve the remaining part of the sentence.

3. The Ministry of Corrections of Georgia shall ensure that foreigners sentenced to imprisonment in Georgia are informed of the rights specified in paragraph 2 of this article.

4. The decision on the transfer to a foreign state of foreigners convicted by the courts of Georgia, or on the transfer to Georgia of citizens of Georgia and of persons domiciled in Georgia who have been convicted in a foreign state, shall be made by the Minister of Justice of Georgia.

5. The Ministry of Justice of Georgia shall ensure the interaction with foreign states on the transfer of convicted persons, as well as the conduct of appropriate procedures for discussing and deciding on the transfer of convicted persons.

6. The transfer of a convicted person may be effected only after the court judgement against him/her becomes final.

7. The following may serve as grounds for commencing the examination of a request for the transfer to a foreign state (or to Georgia) of a convicted person:

a. a request of a competent authority of the state of nationality of the convicted person, or a request of a competent authority of the state whose court delivered the judgement convicting the person;

b. an application of the convicted person, or of his/her defence lawyer, close relative or legal representative.

8. During the examination of a request for the transfer to a foreign state (or to Georgia) of a convicted person, the Ministry of Justice of Georgia shall obtain the following documents:

a. a certified copy of the final judgement;

b. a document certifying the entry into force of the final judgement;

c. a certified copy (if any) of a decision of a higher court of the court that delivered the judgement;

d. a document concerning the part of the sentence served by the convicted person;

e. a document concerning the remaining part of the sentence;

f. the text of the article of the Criminal Code under which the person was convicted;

g. unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity, the written consent of the convicted person to the transfer, and where the convicted person is unable to express his/her wish, the consent of his/her close relative or legal representative;

h. a certificate of health of the convicted person;

i. a document certifying citizenship of the receiving state;

j. the opinions of the Ministry of Internal Affairs of Georgia and of the State Security Service of Georgia on the reasonableness of transferring the convicted person.

9. A convicted person shall not be transferred if:

a. the act for which the person is convicted is not deemed to be an offence or is not punishable with imprisonment under the legislation of the State that is requesting the transfer and of which the convicted person is a national;

b. there is no consent from the convicted person (unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity), and in cases where a convicted person is unable to express his/her wishes freely due to his/her age, or physical or mental handicap, the consent of his/her close relative or legal representative;

c. the remaining term of the sentence to be served by the convicted person is less than 6 months at the moment of receiving the request for transfer. In exceptional cases, Georgia and the foreign state concerned may agree on a transfer to a foreign state (or to Georgia) even if the remaining term of the sentence is less than 6 months;

d. the parties failed to agree on the transfer to the foreign state (or to Georgia) of the convicted person.

10. A request for the transfer to a foreign state (or to Georgia) of a convicted person may be denied if:

a. the transfer of the accused person poses a risk to public and/or state security interests;

b. the correctional facilities of Georgia are overcrowded;

c. the convicted person has not served half of the sentence, unless otherwise agreed between the competent authorities of Georgia and the foreign state;

d. the interested persons refused to cover the expenses required for transferring the convicted person.