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

Article 50

General procedure for enforcing in the territory of Georgia judgements delivered by foreign competent courts

1.Where there are relevant legal grounds, a request for the enforcement in the territory of Georgia of a judgement delivered by a competent foreign court and supporting documents shall be forwarded to the relevant district (city) court through the Ministry of Justice of Georgia according to the residence of the convicted person or to a competent court designated by the President of the Supreme Court of Georgia.

2. The documents referred to in paragraph 1 of this article shall be forwarded to the relevant district (city) court only if the Ministry of Justice of Georgia deems it possible to carry out the measures relating to the enforcement in the territory of Georgia of a judgement of a competent foreign court.

3. Before a decision is made on the enforcement in the territory of Georgia of a judgement of a competent foreign court, the convicted person shall be given an opportunity to submit his/her opinions to the relevant district (city) court on the enforcement of the judgement.

4. The relevant district (city) court may become familiar with the opinions of the convicted person on the enforcement in the territory of Georgia of the judgement of a competent foreign court by hearing the convicted person in court or by means of a request for legal assistance.

5. The relevant district (city) court shall hear in person the opinions of the convicted person on the enforcement in the territory of Georgia of the judgement of a competent foreign court only upon the request of the convicted person.

6. In deciding upon the enforcement in the territory of Georgia of the judgement of a competent foreign court, the relevant district (city) court shall, in addition to the issues provided for in this Chapter, verify:

a. whether or not there exists a valid legal basis for the enforcement in the territory of Georgia of the judgement of a competent foreign court;

b. whether or not there exist the precluding circumstances referred to in Article 55(1)(a and b) of this Law;

c. whether or not the enforcement in the territory of Georgia of the judgement of a competent foreign court will be inconsistent with the non bis in idem principle;

d. whether or not there exist any other precluding circumstances provided for by an international or individual agreement of Georgia or the criminal legislation of Georgia.

7. In deciding upon the enforcement in the territory of Georgia of the judgement of a competent foreign court, the relevant district (city) court shall be restricted to the circumstances contained in or deriving from the foreign court judgement.

8. The relevant district (city) court shall consider the enforcement in the territory of Georgia of the judgement of a competent foreign court and deliver a decision not later than 4 months after the receipt of the documents referred to in paragraph 1 of this article.

9. The decision specified in paragraph 8 of this article shall be delivered in the form of a ruling and shall be appealed in the same way as a judgement delivered in the territory of Georgia.

10. The Ministry of Justice of Georgia shall immediately notify the foreign state concerned of the measures taken in relation to the enforcement in the territory of Georgia of the judgement of a foreign competent court.

11. Upon request, a copy of the judgement referred to in paragraph 9 of this article shall be sent to the competent authority of a foreign state.

12. The enforcement in the territory of Georgia of a judgement of a foreign competent court shall be effected under the legislation of Georgia, except as provided for by Article 53(3) of this Law.

13. In enforcing a judgement of a foreign competent court in the territory of Georgia, an act of amnesty or pardon issued either by the foreign state or by Georgia shall be used with respect to the convicted person.

14. A convicted person who was in custody in the territory of a foreign state and was then transferred to Georgia for the enforcement of the judgement, may not be proceeded against or convicted for any other crime committed before his/her transfer other than the crime for which the person has been transferred to Georgia for the enforcement of the judgement.

15. Unless otherwise provided for by an international or individual agreement of Georgia, the procedure specified in paragraph 14 of this article shall not apply if:

a. the state that transferred the convicted person to Georgia for the enforcement of the judgement consents;

b. the convicted person transferred to Georgia for the enforcement of the judgement of a competent foreign court 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.

16. In the case specified in paragraph 15(a) of this article, the consent from the competent foreign authority shall be requested through the Ministry of Justice of Georgia on the basis of a relevant request, which shall be accompanied by the written opinion of the convicted person and all other necessary documents.