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.