Chapter 2 Provision of legal assistance in criminal cases

Article 9(1)

1. A witness, expert or a victim located in the territory of Georgia may be examined by using audio or video equipment on the basis of a request for legal assistance of a competent authority of a foreign state.

2. A person to be examined by means of audio or video equipment in the territory of Georgia shall be summoned in accordance with the legislation of Georgia.

3. A witness, expert or victim who is located in the territory of Georgia and who is to be examined by means of audio or video equipment on the basis of a request for legal assistance of a foreign state shall have the rights and duties provided for by the legislation of Georgia.

4. Unless otherwise provided for by an international or individual agreement or the conditions of reciprocity, when executing a request of a competent authority of a foreign state for the examination of a witness, expert or a victim located in the territory of Georgia by means of audio or video equipment, the following rules shall apply:

a. a representative of a competent authority of Georgia shall ensure the establishment of the identity of a witness, expert or a victim to be examined and the protection of the fundamental principles determined by the legislation of Georgia for such persons;

b. the examination shall be performed by the relevant representative of the foreign state concerned or, upon its instructions, by an authorised person of a competent authority of Georgia. The examination shall be conducted in accordance with the legislation of the foreign state;

c. where necessary, an interpreter may participate in the process of examination.

5. Unless otherwise provided for by an international or individual agreement or the conditions of reciprocity, upon the request of the competent authority of a foreign state, the examination by means of audio equipment shall be conducted in the territory of Georgia only with the prior consent of the person to be examined.

6. A record of examination shall be prepared after the examination of a witness, expert or a victim by means of audio or video equipment in the territory of Georgia on the basis of a request of the competent body of a foreign state; the record shall include the time and place of examination, the personal details of the examined person, the identity of persons participating in the examination and the technical means used in the examination, as well as other necessary data. The record shall be forwarded to the competent authority of the foreign state in accordance with this law.

7. On the basis of a request for legal assistance of a competent authority of a foreign state, the competent authorities of Georgia shall ensure the examination with audio or video equipment in the territory of Georgia of a person who is subject to criminal prosecution in the foreign state. Examination shall be conducted only with the prior consent of the person to be examined.

8. Where there is a relevant legal basis, the Ministry of Justice of Georgia may request the competent foreign authorities to conduct an audio or video examination of a witness, expert or a victim located in their territory.

9. A request for the examination by means of audio or video equipment of a witness, expert or a victim located in the territory of a foreign state, in addition to the data indicated in paragraph 1(6), shall also include:

a. the reasons for which the person is unable to personally appear before the body conducting the proceedings;

b. the name of the authority and of a person(s) authorised to examine the witness, expert or victim by means of audio and video equipment.

10. Where there is a relevant legal basis, the Ministry of Justice of Georgia may request a competent authority of a foreign state to conduct the examination by means of audio or video equipment of a person subject to criminal prosecution in Georgia. Examination shall be conducted only with the prior consent of the person to be examined.

11. Regardless of the requirements of this article, the competent authorities of Georgia may conduct distance examination of a person located in the territory of a foreign state with technical means in accordance with other procedures envisaged by law.