Chapter 1 General Provisions

Article 1

Purpose of the Law

1. The purpose of this Law is to ensure effective cooperation between law enforcement authorities of Georgia and foreign countries, or between law enforcement authorities of Georgia and relevant international organisation bodies in preventing, detecting and suppressing crimes; to define rules and procedures for international cooperation in law enforcement based on bilateral or multilateral international agreements of Georgia; and to create stable legal grounds for such cooperation in the absence of such agreements.

2. International cooperation in law enforcement shall be carried out on the basis of protecting and respecting human rights and freedoms.

Chapter 1 General Provisions

Article 2 Scope of the Law

1. This Law regulates the issues of international cooperation in law enforcement that are related to the exchange of operative investigative information and personal data, implementation of operative investigative measures and other areas within the power of law enforcement authorities of Georgia, in which law enforcement authorities of Georgia cooperate with foreign law enforcement authorities or with relevant international organisation bodies.

2. International cooperation in law enforcement shall be carried out for preventing, detecting, or suppressing crimes punishable by a minimum of one year of imprisonment according to the Criminal Code of Georgia, unless otherwise provided in international agreements of Georgia.

3. International cooperation in law enforcement shall be carried out only if the action, for which the assistance is requested, is punishable under both the criminal legislation of Georgia and the legislation of the foreign countries, regardless of whether it falls in the same or different categories of crime in the legislation of Georgia and the legislations of the foreign countries, or whether it is or is not considered under the same category in such legislation.

4. This Law shall not regulate:

a. International cooperation in law enforcement carried out within the framework of International Criminal Police Organisation (Interpol)

b. the relationships regulated by the Law of Georgia on International Cooperation in Law Enforcement

c. the relationships regulated by the Law of Georgia on the Cooperation of Georgia with the International Criminal Court.

5. When carrying out measures in law enforcement within the framework of international collaboration that require necessary consent or permission from the Prosecutor’s Office of Georgia or the Common Courts of Georgia, such collaboration shall be carried out after obtaining necessary consents or permissions, as determined by the legislation of Georgia.

6. In the case provided for by the fifth paragraph of this article, cooperation results may not be presented as evidence to respective foreign law enforcement authorities unless a request for legal assistance concerning this issue is prepared.

Chapter 2 Forms of Cooperation

Article 7

Cooperation upon request

1.International cooperation in law enforcement shall be carried out on the basis of a written request.

2. The request and its response shall be sent and received in writing through communication channels and tools determined by this Law. The request shall be responded to within a reasonable period of time unless a specific timeframe is determined in an international agreement of Georgia or in the request.

3. In cases of emergency, the cooperation provided in Articles 10 and 11 of this Law may be carried out verbally as well. A verbal request for the cooperation shall be confirmed in writing before a response on implementation of measures indicated in the request is sent to the requesting law enforcement authority. In the cases of extreme emergency, the request may be responded to verbally and further confirmed in writing within a reasonable period of time. The response shall be sent within the time specified in an international agreement of Georgia. If the time is not specified, it shall be sent within a reasonable period of time.

4. Unless otherwise provided in an international agreement of Georgia, a request for cooperation shall include:

a. name of the requesting law enforcement authority

b. name of the law enforcement authority receiving the request

c. subject of request

d. purpose of request

e. a list of desired measures and objectives to be achieved

f. a desired period of time for fulfilment of the request, if needed

g. any other information that will enhance the fulfilment of the request.

5. If fulfilment of a request for cooperation is beyond the power of the law enforcement authority receiving the request, it shall immediately send the request to the respective law enforcement authority of its country for fulfilment and inform the requesting law enforcement authority of the results of fulfilment of the request or ask the respective law enforcement authority of its own country to do so.

6. The procedure for preparing and sending a request for cooperation shall be determined by an order of the chief of the respective law enforcement authority of Georgia.

Chapter 2 Forms of Cooperation

Article 8

Spontaneous cooperation

2. International cooperation in law enforcement may also be carried out spontaneously without a request for cooperation if the law enforcement authorities of Georgia or foreign countries, or relevant international organisation bodies consider that the information held by them may be useful for Georgian or foreign law enforcement authorities, or for relevant international organisation bodies for preventing, detecting or suppressing crime.

2. The law enforcement authorities of Georgia, to the extent of their capabilities, shall find direct links with law enforcement authorities of foreign countries or relevant international organisation bodies, and also effectively use existing links and forums of liaison officers and/or police/security attaches in order to enhance spontaneous cooperation.

Chapter 2 Forms of Cooperation

Article 9

Cooperation with forums of liaison officers and/or police/security attachés

1. The appropriate law enforcement authorities of Georgia shall effectively cooperate within forums of liaison officers and/or police/security attachés operating in Georgia in order to enhance the cooperation provided for by this Law. For this purpose, respective law enforcement authorities of Georgia shall determine the formation of specific bodies or designation of persons responsible for cooperation.

2. The appropriate law enforcement authorities shall also effectively use the forums of liaison officers and/or police/security attachés in foreign countries and develop and/or consolidate existing cooperation if necessary.

Chapter 3 Types of Coordination

Article 18

Other types of cooperation

When required, the appropriate law enforcement authorities of Georgia, upon request, may cooperate with foreign law enforcement authorities in the following areas:

a. exchange and training of relevant experts;

b. organising and conducting joint conferences, workshops, business meetings, and trainings;

c. sharing experiences and best practices;

d. assisting in the training of qualified staff and in raising their level of professionalism; sharing results of scientific research;

e. supporting with appropriate equipment, technical means, and devices;

f. sharing experiences about methods and means applied in the criminal sphere.

Chapter 5 Grounds for Refusing Cooperation

Article 21

Grounds for refusing cooperation

1. Unless otherwise provided for by bilateral or multilateral agreements of Georgia, the appropriate law enforcement authorities of Georgia may fully or partially refuse to carry out international cooperation in the law enforcement, if:

a. the cooperation is likely to prevent the investigation of other criminal cases or operative investigative activities initiated by the law enforcement authorities of Georgia;

b. the cooperation is likely to affect the sovereignty, security, public order or other essential interests of Georgia;

c. the cooperation contradicts the legislation of Georgia;

d. Georgia considers the crime, for which the cooperation is requested, to be a political crime or a crime related to a political crime. The crime shall not be considered to be political if the signs of criminal action outweigh the political aspects of committing a crime, taking into account the goals, motives, forms, methods and other circumstances of committing a crime;

e. the cooperation is likely to adversely affect universally recognised human rights and fundamental freedoms.

2. If the relevant law enforcement authorities of Georgia suspect that the crime, for which the cooperation is requested, is a political crime, it shall inform the Prosecutor's Office of Georgia which in turn shall address the Ministry of Justice of Georgia regarding the issue. The Ministry of Justice of Georgia, on the request of the Prosecutor's Office of Georgia, shall make a decision regarding the cooperation, or a decision on fully or partially refusing to cooperate, according to paragraph 1 (d) of this article.