Article 131 – Presenting a person and object for identification

1. During an investigation, presenting a person (or object) for identification shall take place with the consent of the identifying person.

2. Before identification, the identifying person shall, under this Code, be interviewed/questioned with respect to individual and generic characteristics of the object to be identified, and to the circumstances under which he/she came into contact with the object to be identified. During the identification, the identifying person shall indicate the characteristics by means of which he/she identified the object to be identified.

3. A person to be identified shall be presented to the identifying person together with at least two persons of the same sex who do not differ significantly, in appearance and clothes, from each other and from the person to be identified (line up).

Article 179 – Conducting criminal proceedings against an unidentified accused/convicted person

1. If the identity (name, surname, age, gender, citizenship) of a person arrested for the commission of a crime has not been established, and that person refuses to identify himself/herself, or that person cannot be identified due to a physical disability or any other objective circumstance, the investigator or the prosecutor shall, with the involvement of relevant experts, draw up a record that shall provide a description of all potential external characteristics of the person (approximate age, gender, height, hair colour, eye colour, other special features of his/her countenance and appearance) that can be used for his/her identification (a photograph of the person shall be attached to the record). In addition, with the consent of the head of the structural division of the prosecutor’s office that provides procedural supervision, a person may be assigned a conditional name using such combination of digits and/or letters which, based on the actual circumstances of the case, will allow for the identification of that person during subsequent procedural actions. A conditional name may not be degrading and insulting to human dignity.

2. In cases provided for by paragraph 1 of this article, all subsequent procedural actions provided for by this Code shall be carried out in full, without any delay. In addition, all procedural actions taken with respect to an unidentified accused or convicted person shall be carried out with the mandatory involvement of a defence lawyer. The State shall reimburse the costs of services provided by the appointed defence lawyer.

3. Not later than three days after bringing charges against an unidentified person, if necessary, a medical psychiatric examination shall be ordered in the manner prescribed by this Code. The examination shall, along with other issues, establish the mental status, blood group, other biometric data of that person, and his/her fingerprints shall be registered.

4. The investigator, the prosecutor, shall be obliged to ensure the taking of all reasonable measures provided for by the legislation of Georgia to identify the person referred to in this article (establish his/her name, surname, age, citizenship and sanity).

5. If the identity of an unidentified person is established at any stage of criminal proceedings, the investigator, the prosecutor, the court shall, before the court passes a judgment of conviction, within 48 hours, be obliged to adjust to that circumstance the final decisions existing in the criminal case.

6. Before delivering a judgment against an unidentified person, the court shall be obliged to make sure that all reasonable identification measures provided for by the legislation of Georgia have been taken.

7. If the identity of an unidentified person is established after a judgment of conviction against that person enters into force and this circumstance affects the qualification of the crime or the measure of punishment, or results in discharge from criminal liability, the judgment shall be revised due to newly revealed circumstances in the manner prescribed by this Code, except when those circumstances cause a change for the worse.

Article 197 – First proceeding before the court; informing the accused of his/her rights

1. Not later than 24 hours after a motion is filed for the application of a measure of restraint, the magistrate judge shall, at the first proceeding before the court, in the presence of the parties:

a) establish the identity of the accused;

Article 230 – Establishing the identity of the accused by the presiding judge and informing the accused of his/her rights

1. The presiding judge shall establish the identity (name, surname, year, month, day of birth and birth place) of the accused and inform him/her about his/her rights, the content of the charges, the qualification of the incriminated act, the minimum and maximum sentences provided for by the Criminal Code of Georgia, taking into account mitigating and aggravating circumstances. The presiding judge shall also inform the accused that it is his/her right to testify regarding the charges as a witness. If there are several accused persons in the case, such explanation shall be given to each of them.