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

Article 46 Transit of Convicted persons

1. Matters relating to the transit through Georgia of a convicted person to be transferred to a third state by a foreign state shall be decided by the Minister of Justice of Georgia.

2. The competent foreign authority effecting the transit of a convicted person shall apply to the Ministry of Justice of Georgia with a request for the transit of the convicted person through Georgia.

3. The Ministry of Justice of Georgia shall apply with a request for the transit of a convicted person to the competent authority of the state through which the convicted person to be transferred to Georgia is to be transited.