Article 13 – Evidence

3. Where search or seizure has been carried out in accordance with the procedure established by Article 112(1) or (5) of this Code on the basis of an anonymous notification or information received from a secret collaborator (confidant)/informant defined in the Law of Georgia on Operative-Investigative Activities, and an illegal item, thing or substance has been seized, this may serve as a basis for passing a judgment of conviction, provided that the possession of the illegal item, thing or substance by the person is proved by evidence other than the testimony of an investigator conducting this investigative action, the testimony of an investigator participating in the investigative action, the testimony of a person with operative-investigative functions, participating in the investigative action, and a record of the respective investigative action. This rule shall apply where other evidence cannot be objectively obtained/produced.

Article 112 – Investigative actions carried out under a court ruling

2. A court ruling shall include: the date and place of its preparation; the name and surname of the judge; the person who filed the motion with the judge; a decree on the carrying out of an investigative action with a specific reference to its essence and persons it applies to; validity of the ruling; the person or the body responsible for executing the ruling; and the signature of the judge.

3. A ruling ordering a search or seizure shall also include: the movable and immovable property where an investigative action is permitted, and the natural or legal person that holds the property (if his/her identity is known); the natural person who is to be searched personally; a thing, item, substance or any other object likely to be uncovered and seized during a search or seizure, and its generic characteristics; and the right to apply a proportional coercive measure when resistance is offered. A ruling ordering search or seizure (except a ruling issued within the framework of international cooperation in criminal matters) shall be invalid, unless the investigative action is initiated within 30 days.

31. A ruling requesting the provision of the relevant information or document from a computer system or a computer data carrier shall also include the following: the natural or legal person, from whom the provision of information stored in a computer system or on a computer data carrier shall be requested (if his/her/its identity is known); the computer system or computer data carrier, according to its generic characteristics, from which the provision of computer data shall be requested; the presumable document or information to be provided from a computer system or a computer data carrier; and the right to apply a proportional coercive measure when resistance is offered. A ruling requesting the provision of the relevant information or document from a computer system or a computer data carrier (except a ruling issued within the framework of international cooperation in criminal matters) shall be invalid, unless the investigative action is initiated within 30 days.

4. A ruling ordering the arrest and seizure of a message sent by technical means of communication shall also include: the name and surname of the person to whom the message to be arrested is sent; the name and surname, and address (if known) of the sender; type of the arrested message; the date of arrest; the name of the institution that is tasked with arresting the message; and the right of an investigator to examine and seize the message.

Article 119 – Purpose and grounds for search and seizure

1. If there is a probable cause, a search shall be conducted for the purpose of uncovering and seizing an item, a document, substance or any other object containing information that is essential to the case.

2. A search may also be conducted to find a wanted person or a corpse.

3. An item, a document, substance or any other object containing information that is essential to the case may be seized if there is probable cause that it is kept in a certain place, with a certain person and if there is no need to search for it.

4. A search to seize an item, a document, substance or any other object containing information that is essential to the case may be conducted if there is probable cause that it is kept in a certain place, with a certain person and if search is necessary to discover it.


Article 120 – Procedure for seizure and search

1. Based on a court ruling authorising search or seizure or, in the case of urgent necessity, based on a decree of an investigator, an investigator may enter a storage facility, a dwelling place, a storage room or other property to locate and seize an item, a document, substance or any other object containing information.

2. Before starting a seizure or search, an investigator shall be obliged to present a court order, or in the case of urgent necessity, a decree, to a person subjected to the seizure or search. The presentation of the ruling (decree) shall be confirmed by the signature of the person subject to search.

3. An investigator may forbid the persons who are present or who arrive at the place of search, to leave the place, to interact with each other or with any other person before the search is completed, which shall be recorded in the appropriate record.

4. After a ruling, or in the case of urgent necessity, a decree, is presented, an investigator shall offer the person subject to search, to voluntarily turn over an item, a document, substance or any other object containing information that is subject to seizure. If an object that is subject to seizure is voluntarily provided, that fact shall be recorded in the relevant record. In the case of refusal to voluntarily turn over the requested object, or in the case of its incomplete provision, it shall be seized by coercion.

5. During a search, an item, a document, substance or any other object containing information that is referred to in a ruling or decree shall be searched for and seized. Also, all other objects containing information that may be of an evidentiary value for that case, or that clearly indicates another crime, as well as an item, a document, substance or any other object containing information that has been withdrawn from civil circulation.

6. An item, a document, substance or any other object containing information that has been detected during a search or seizure, shall, if possible, be presented, before its seizure, to persons participating in that investigative action. Then, it shall be seized, described in detail, sealed and, if possible, packaged. On the packaged item, in addition to a seal, the date and signatures of the persons who participated in the investigative action shall be indicated. A document that is seized due to its contents, shall not be sealed.

7. During a search or seizure, an investigator may open a closed storage facility, dwelling place and premises, if the person subject to search refuses to voluntarily open them.

8. A person present at the place of search and/or seizure may be personally searched if there is a probable cause that he/she has concealed an item, a document, subject or any other object that is subject to seizure. Such case shall be considered an urgent necessity and a personal search shall be conducted without a court ruling. The lawfulness of the search and/or seizure shall be examined by the court in the manner provided for by this Code.

9. A search or seizure of a legal person or in a building of an administrative body shall be conducted in the presence of its head or representative.

10. The prosecution shall have a right to initial investigation of items, documents, things, substances, or any other objects containing information, which have been obtained at the request of the defence, in the manner prescribed by this Code.


Article 121 – Personal search

1. A prosecutor, an investigator, or a person authorised to arrest , shall have the right, if there is probable cause, to seize during a personal search conducted in the manner prescribed by Article 120 of this Code, an item, a document, substance or any other object containing information that is essential to the case and that has been discovered on the person’s clothes, in the item that he/she is holding, in a vehicle or on or in that person’s body.

(The normative content of Article 119(1) and (4) and Article 121(1), which considers the result of the search as one of the grounds for creating a probable cause required for the conduct of a search, has been declared invalid) – Decision of the Constitutional Court of Georgia No 2/2/1276 of 25 December 2020 – website, 30.12.2020

2. If there is probable cause that the arrested person has a weapon, or intends to dispose of evidence indicating his/her involvement in the commission of a crime, an arresting official may, in the manner prescribed by this Code, conduct a personal search without a court judgment, which shall be recorded in a record of arrest. In this case, a record of a personal search shall not be prepared. The lawfulness of a personal search shall be checked by the court in the manner provided for by this Code.

3. An arresting natural person may disarm the arrested person.

4. If a personal search involves the removal of the person’s clothing, the search shall be conducted by a person of the same sex. Only persons of the same sex may participate in this kind of search.


Article 122 – Seizure and search conducted in a building of a diplomatic mission and with respect to diplomatic representatives

1. A seizure or search in the territory of a diplomatic mission, also with respect to persons holding diplomatic immunity, as well as in a building or vehicle occupied by these persons and/or their family members may be conducted only with the consent or request of the head of that diplomatic mission.

2. Consent of the head of a diplomatic mission allowing the conduct of a seizure or search shall be requested through the Ministry of Foreign Affairs of Georgia.

3. A representative of the Ministry of Foreign Affairs of Georgia shall be obliged to attend a seizure or search in cases provided for by paragraph 1 of this article.


Article 123 – Search, seizure and arrest of property in the editorial offices of the mass media and publishing houses, on the premises of research, educational, religious, public organisations and political parties

1. An item, a document, substance or any other research, educational object containing information may not be searched, seized and/or arrested in editorial offices of the mass media and publishing houses, or on the premises of research, educational, religious, public organisations and political parties if there is a reasonable expectation of its public dissemination.

2. The restriction provided for by paragraph 1 of this article shall not apply to cases where there is probable cause that an item, a document, substance or any other object containing information that is subject so seizure is a subject or implement of a crime.

3. A court shall be entitled to pass a ruling on a search, seizure and/or arrest only in cases when there are obvious and convincing grounds that the carrying out of an investigative action will not prejudice the right to freedom of speech, opinion, conscience, belief, religion or right to association. That investigative action shall be carried out in a manner that is efficient and that minimally restricts those rights and freedoms.

Article 153 – Property that shall not be seized

1. Seizure shall not be applied to food products, fuel, or inventory necessary for professional activities of a person, or to other items that ensure normal living conditions of a person, nor to financial collateral arrangements (financial collaterals) provided for by the Law of Georgia on Financial Collaterals, Mutual Setoffs and Derivatives, to assets in a collateral pool as defined in Article 2(1)(b) of the Law of Georgia on Bonds Secured by Mortgages, and to settlement accounts of system participants provided for by the Law of Georgia on Payment Systems and Payment Services.

2. On the basis of the application of the National Bank of Georgia, the property of a commercial bank that is in the resolution regime in accordance with the Organic Law of Georgia on the National Bank of Georgia and the Law of Georgia on Commercial Bank Activities and the bank accounts held in that commercial bank shall not be seized, and the effect of seizure applied to seized property and bank accounts shall be suspended for a period specified in the application of the National Bank of Georgia, which shall not exceed 90 calendar days. The judge shall issue a ruling within 24 hours from the application of the National Bank of Georgia. If the resolution regime ends earlier than the period specified in the ruling, the National Bank of Georgia shall notify to this effect the court, which shall overturn the ruling on suspension.

[3. The pension assets provided for by Article 2 1 (4 2 ) of the Law of Georgia on Enforcement Proceedings may not be seized if the application of a measure of security has been requested on the basis of a disputed claim against an entity defined by a relevant law as specified in the same paragraph. (Shall become effective from 1 January 2025)]