Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia


Article 4. Obligations of state authorities for the execution of requests of the International Court

The Responsible Agency and appropriate state authorities who have been forwarded a request of the International Court shall execute the request within the prescribed time limit in accordance with procedures stipulated in the Statute and the Georgian legislation.

Chapter III
Jurisdiction of the International Court


Article 6. Determination of jurisdiction and jurisdictional disputes

1. the International Court shall have the jurisdiction over crimes committed on the territory of Georgia and falling within the subject-matter jurisdiction of the International Court according to the Statute. If the International Court considers that it has jurisdiction over a specific offence, the Responsible Agency may, after consulting with prosecution bodies determined by the Georgian Code of Criminal Procedure, accept the request of International Court or challenge the jurisdiction of the International Court in accordance with Article 19 of the Statute.

Chapter IV
Request of the International Court
Article 9. Form of a request from the International Court and conditions of its receiving
1. A request of the International Court shall be submitted to the Responsible Agency in a written form.
2. Such a request and materials attached to it shall be drawn up in Georgian language or be accompanied with a duly approved translation into Georgian.
3. A request on conducting search, arrest or other urgent measures may be carried out via International Criminal Police (Interpol) or other means provided for by the Statute, subject to further approval.
4. If the Responsible Agency considers that a request of the International Court is not of the appropriate form or/and it cannot accept the request for review, the Responsible Agency shall, in accordance with the Statute immediately inform the International Court thereon providing an explanation of appropriate grounds and shall immediately consult the International Court.
5. If the Responsible Agency considers that a request of the International Court is not acceptable or refuses to execute the request, it shall immediately inform the International Court of considering the request unacceptable or refusal to execute the request, providing reasoning for either decision. Before final refusal to execute the request, the Responsible Agency shall consult with the International Court.
Article 10. Contents of a request of the International Court
1 .A request of the International Court shall meet the requirements for the employment of the relevant procedural measures under the Statute.
2.A request shall include:
a. comprehensive outline of substantial circumstances of the case and legal qualification thereof;
b.detailed and full information on persons being prosecuted as well as detailed information on persons, locations or objects detection or identification of which is necessary for the execution of the request;
c. comprehensive description of the object of request and the procedures to be conducted, as well as the assistance sought;
3 .If a request does not meet requirements under paragraphs 1 and 2 of this Article, the Responsible Agency may request from the International Court elimination of deficiencies.





Article 11. Review and execution of a request
1.The Responsible Agency reviews the request received and determines a state authority competent to execute the request; also specifies possible measures within the framework of cooperation.
2.If immediate execution of the request may hinder an on-going investigation or prosecution of a case not related to the request, the Responsible Agency may, in accordance with Article 94 of the Statute suspend execution of the request for a period to be agreed upon with the International Court. This period shall not exceed the time limit prescribed by the Code of Cirminal Procedure of Georgia for the completion of investigation.
3.After a request is reviewed, the Responsible Agency decides whether to cooperate or not and scope of cooperation.
4.The Responsible Agency or/and the authority appointed to execute the request shall forward a decision on accepting the request to persons who under this Law are entitled to challenge it and who have a residence or operate in Georgia.
Article 12. Protection of national security
1.If the Responsible Agency has a reasonable ground to believe that execution of the request may jeopardize the national security of Georgia, it shall immediately inform the National Security Council of Georgia thereon and in cooperate with the International Court in accordance with Article 72 of the Statute.
2.Where a circumstnace under paragraph 1 of this Article is the case, the National Security Council of Georgia may take a decision on suspending measures for the execution of the request.
3.The Responsible Agency, on the motion of the National Security Council of Georgia, may refuse to execute the request of the International Court for cooperation, if the cooperation sought may threaten national security.
Article 13. Matters related to immunity
If the Court request is related to conduct of the criminal prosecution against persons who are granted immunity under Georgian legislation, the Responsible Agency notifies the appropriate state agency on the existence of the grounds for beginning criminal proceeding in relation to the given persons and facilitates the actions related to the immunity according to the Constitution and other legislative acts of Georgia.
Article 14. Serving case materials to the persons concerned
1 .By decision of the Responsible Agency, a person to which the request of the International Court is related has the right to be served with the case materials.
2.The right referred to in paragraph 1 of this Article may be restricted:
a)in the interests of proceedings before the International Court;
b) where a substantial legal ground thereof exists, if the International Court so requires;
c)due to the need for immediate taking appropriate measures;
d) for the purpose of preservation of confidential information.
Article 15. Request of Georgia
1 .Where there are grounds to consider that a crime within the jurisdiction of the International Court has been committed state prosecution authorities are entitled to file a request with the International Court via of Responsible agency.
2.A request filed by an authorized body on behalf of Georgia with the Court shall meet requirements under the Statute and this Law.

Article 16. Reimbursement of expenses related to execution of the International Court requests
1 .Requests of the International Court shall, as a rule, be executed without reimbursement. Exceptions to this rule are the expenses related to:
a) transportation and protection of witnesses and experts/specialists or temporary transfer of
arrested persons;
b) translation, drawing up shorthand records or intepretation;
c) travel and per diem of judges, prosecutor, deputy prosecutors, registrar, deputy registrars
and/or other personnel of International Court;
d) producing a forensic expertise (expert) reports at the request of the Court;
e) transportation of a person who is to be surrendered to the International Court Court;
f) any unforeseeable expenses stemming from the consultations with the International Court
on execution of the request;
g) execution of decision of the International Court.
2. Expenses referred to in paragraph 1 of this Article shall be reimbursed by the
International Court in a manner established by the Statute.
3. Expenses related to assistance rendered by the Georgian state authorities to each other
in the course of execution of a Court request shall not be reimbursed by the Court.
4. Expenses related to execution of an arrest decision upon the motion of the
Responsible Agency as well as those related to the defense of the person, when necessary, shall be reimbursed from the State Budget.
Article 17. Use of Georgian territory for transporting a person
1) At the request of the Court, the Responsible Agency issues a permit for transporting
by transit the arrested persons.
2) No consent is required if the transit will take place by Georgian air space without
landing.
3) In case of unscheduled landing, the person transported by transit shall be detained and
transferred to the preliminary detention center. The Responsible Agency immediately applies to the International Court for issuing a request for transit. If within 72 hours following the detention such request is not received, the detained person shall be released. Ifthe request is received later, the release person shall be detained anew and a permit for his transit will be issued.
4) A permit for transporting such a person by transit may not be challenged.
Article 18. Competing requests
1) If Georgia receives requests for surrender or extradition from both the International
Court and other state concurrently, the Responsible Agency takes decision in accordance with rules prescribed by Article 90 of the Statute.
2) If Georgia receives identical requests from the International Court and other state
concurrently for cooperation in matter not related to surrender or extradition of a person, the Responsible Agency takes a decision in accordance with rules prescribed by Article 93(9) of the Statute.
3) If, in case of competing requests, the Responsible Agency decides to satisfy a request
of the other state, the Agency shall immediately notify the International Court thereon.
Article 19. Award of damages
1. Provisions of Georgian legislation relating to award of damages for unlawful detention or other unlawful act will be applicable only if the prosecuted person has been subject to procedural measures under this Law in Georgia at the request of the International Court.

2. Damages to be awarded may be reduced or award of damages may be refused if the prosecuted person intentionally caused the investigation and detention in whole or in part or has intentionally protracted or complicated the proceedings.
3. Damage cause by unlawful arrest or detention or other unlawful act will not be covered by Georgia, if in accordance with the statute the damages must be awarded by the International Court or the International Court takes the decision to refuse the award of damages.

Chapter 2 Provision of legal assistance in criminal cases

Article 5

General procedure for sending a request to a foreign state for rendering legal assistance on criminal cases conducted by competent Georgian authorities and the procedure for its implementation

1. If there arises a need to conduct in the territory of a foreign state a procedural action provided for by the Criminal Procedure Code of Georgia and, at the same time, there are relevant legal grounds, the investigator, prosecutor or the judge (court) may apply with the relevant request to the Ministry of Justice of Georgia.

2. A request for legal assistance in criminal cases conducted by the competent authorities of Georgia shall be executed in accordance with the legislation of the foreign state, except as provided for by paragraph 3 of this article.

3. Unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity, the Ministry of Justice of Georgia may request the foreign state concerned to apply the legislation of Georgia when executing a request for legal assistance in a criminal case conducted by the competent authorities of Georgia.

4. Where there are relevant legal grounds, the Ministry of Justice of Georgia may request the foreign state concerned to allow the authorised representatives of Georgia to attend the execution of the request for legal assistance in criminal cases conducted by the competent authorities of Georgia.

5.Evidence obtained in the territory of a foreign state in accordance with the relevant legislation shall have the same legal force as evidence obtained in the territory of Georgia.

6.Any property or original documents obtained as a result of the relevant legal assistance shall, after the need expires, be returned to the relevant authority of the foreign state, except where that state refuses to receive it or them back.

7.Information or other material obtained in the territory of a foreign state in accordance with the relevant legislation may not be used for purposes other than the purposes indicated in the request for legal assistance.

8. The information and other material referred to in paragraph 7 of this article may be used for other purposes with the prior consent of the competent authority of the foreign state concerned, in which case an additional request shall be made.

Chapter 2 Provision of legal assistance in criminal cases

Article 6

Forms of request for legal assistance

1.A request for legal assistance shall be prepared in written form and shall, as a rule, include:

a. the name of the competent authority of the state to which the request is sent;

b. the description of factual circumstances of the criminal case and its legal qualification;

c. the content of the article of legislation on the basis of which the relevant criminal proceedings are being conducted, and, where necessary, extracts from other relevant legislative acts;

d. the content of the requested legal assistance;

e. the purpose and the need of the requested legal assistance;

f. as far as possible, accurate identification details of the person with respect to whom the legal assistance is requested;

g. any other necessary data.

2.If the Criminal Procedure Code of Georgia requires a court decision (ruling) to carry out a procedural action, such decision, certified by the signature of the judge and the official seal of the court, shall be attached to the request for legal assistance.

3. The time limits established under Article 112(3) of the Criminal Procedure Code of Georgia shall not be applied when delivering a court decision (ruling) provided for by paragraph 2 of this article.

Chapter 2 Provision of legal assistance in criminal cases

Article 7

Summoning a person located in the territory of a foreign state in connection with a criminal case conducted by the competent authorities of Georgia

1. Where there are relevant legal grounds, the investigator, prosecutor or the judge (the court) may make a request, through the Ministry of Justice of Georgia, to summon as the accused, a witness, an expert or as a victim, a person located in the territory of a foreign state in connection with a criminal case being conducted by said investigator, prosecutor or judge.

2. The person referred to in paragraph 1 of this article shall be summoned on the basis of a relevant notice, in the form of a request for legal assistance, which shall be sent to the competent authority of the foreign state.


3. A witness, an expert or a victim summoned in accordance with this article to the territory of Georgia shall be reimbursed for all the expenses related to their travel and stay in the territory of Georgia, as well as to the time spent away from their main work. A summoned expert shall additionally be reimbursed for all the expenses and remuneration related to the performance of his/her professional activities.


4. A notice to summon a witness, an expert or a victim referred to in paragraph 2 of this article, or a request for legal assistance, shall contain the amount of the expenses that are to be reimbursed to the summoned person for their appearance.

5. Unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity, the foreign state concerned may, upon a prior request of the Ministry of Justice of Georgia, pay to the person to be summoned as a witness, expert or victim a certain amount of money as an advance, which shall subsequently be reimbursed by the competent authorities of Georgia.

6. In the case of a failure of a witness, expert or victim summoned on the basis of paragraph 2 of this article to appear before the body conducting the proceedings, the coercive measures provided for by the Criminal Procedure Code of Georgia may not be applied.

7. The procedure provided for by paragraph 6 of this article shall not be applied if a person voluntarily returns to Georgia and is re-summoned in accordance with legislation.

8. Administrative or criminal liability may not be imposed on a witness, expert or victim summoned on the basis of this article if such person appears before the body conducting the proceedings; they may not be subject to arrest, detention or punishment; nor may their freedom be restricted in any way for any act committed before leaving the territory of the foreign state concerned. No restrictions may by applied to such persons by reason of the testimony or opinion given with respect to the criminal case for which they were summoned.

9. Administrative or criminal liability may not be imposed on a witness, expert or victim summoned on the basis of this article if such person appears before the body conducting the proceedings; they may not be subject to arrest, detention or punishment; nor may their freedom be restricted in any way for an act committed before leaving the territory of the foreign state concerned and that was not indicated in the summons.

10. The procedure provided for by paragraphs 8 and 9 of this article may not be applied if a person who could have left the territory of Georgia, and did not leave the country within 15 days after the necessity of their stay in Georgia had expired, or returned to Georgia after leaving its territory, unless otherwise specified by an international or individual agreement of Georgia or the conditions of reciprocity.

Chapter 2 Provision of legal assistance in criminal cases

Article 8 Requesting information on legal issues from a foreign state and providing such information to the competent authorities of a foreign state

1. Where there are relevant legal grounds, the Ministry of Justice of Georgia may request from a foreign state information on the domestic legislation of that State and on the practice of that legislation.

2. Where there are relevant legal grounds and upon a relevant request, the Ministry of Justice of Georgia may provide to the competent authority of the foreign state information on the legislation of Georgia and on its application.

Chapter 2 Provision of legal assistance in criminal cases

Article 9

Requesting information or materials related to a criminal case from the competent authorities of a foreign state and providing such information to the competent authorities of a foreign state

1. Where there are relevant legal grounds, where necessary, the Ministry of Justice of Georgia shall request information or materials related to a criminal case conducted by them from the competent authorities of a foreign state.

2. Where there are relevant legal grounds, the Ministry of Justice of Georgia may, upon request, provide information or materials obtained during the investigation of the criminal case conducted by the competent authorities of Georgia to the competent authorities of a foreign state.

3. In the case of providing information or materials indicated in paragraph 1 of this article to the competent authorities of a foreign state on its own initiative, the Ministry of Justice of Georgia may impose a restriction on the use of the information or materials provided.

4. The competent authorities of Georgia shall comply with the restrictions established by the competent authorities of a foreign state in relation to the use of information and materials provided by them.

Chapter 2 Provision of legal assistance in criminal cases

Article 11

Execution of request for legal assistance of a foreign state in the territory of Georgia

1. Where there is a relevant legal basis, the Ministry of Justice of Georgia shall ensure the execution of a request of a foreign state for criminal assistance in the territory of Georgia.

2. A request for legal assistance received from a foreign state shall be executed in accordance with the legislation of Georgia.

3. Unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity, when rendering legal assistance, in the case of a relevant request, the legislation of the requesting foreign state shall also be used if it does not contravene the fundamental principles of the legislation of Georgia.

4. Procedural actions related to the coercion of a person and to the limitation of their constitutional rights and freedoms shall be conducted if they have been authorised by a foreign court or other foreign competent authorities.

5. Where there are relevant legal grounds, the representatives of a foreign state requesting legal assistance may be present during the execution of a request for legal assistance with the prior consent of the Ministry of Justice of Georgia. The Ministry of Justice of Georgia shall satisfy the request if the presence of the interested persons will better meet the requirements of the foreign state and exclude the necessity of additional requests for legal assistance.

6. If the information provided by a foreign state is not sufficient to execute a request for legal assistance, the Ministry of Justice of Georgia may request the foreign state to provide additional information.

7. Materials obtained as a result of legal assistance shall be sent to the foreign state through the Ministry of Justice of Georgia.

Chapter 2 Provision of legal assistance in criminal cases

Article 12 - Reasons for denying a request for legal assistance

Legal assistance shall not be provided if:

a. the implementation of a request for legal assistance may cause damage to the sovereignty, security, public order or other essential interests of Georgia;

b. the implementation of a request for legal assistance contravenes the legislation of Georgia;

c. a crime, in relation to which legal assistance is requested, is deemed by Georgia as a political or an associated offence. An offence shall not be deemed to be political if the purpose, motive, form, methods and other circumstances of the crime prevail over the political aspects of the crime;

d. the implementation of a request for legal assistance may cause damage to internationally recognised human rights and fundamental freedoms;

e. a crime, in relation to which legal assistance is requested, constitutes a military offence that is not punishable under the criminal legislation of the requesting state, except where otherwise provided for in the international or individual agreements of Georgia or the conditions of reciprocity;

f. the execution of a request for legal assistance may lead to the violation of the non bis in idem principle.

2. Where a request for legal assistance stipulates search, seizure, or property seizure and the relevant legal grounds do not provide otherwise, the request shall be executed only if:

a. the crime with respect to which legal assistance is sought is punishable both under the legislation of the requesting foreign state and of Georgia;

b. the perpetrator of the crime with respect to which legal assistance is sought is subject to extradition under the legislation of Georgia;

c. the execution of the request is consistent with the legislation of Georgia.

3. When a foreign state requests that a person kept in custody in Georgia appear in its territory for the conduct of investigative or judicial actions, the Ministry of Justice of Georgia may deny the foreign state's request for legal assistance if:

a. the detained person objects;

b. the presence of the detained person in Georgia is necessary for the conduct of criminal proceedings against him/her;

c. the transfer of the person kept in custody may prolong his/her detention;

d. there are other circumstances that exclude the transfer of the person kept in custody to the foreign state for the purposes provided for in this paragraph.

4. The Ministry of Justice of Georgia may temporarily deny legal assistance to a foreign state if the legal assistance could prejudice or delay the criminal proceedings conducted in Georgia.

5. In other cases provided for by an international or individual agreement of Georgia or by the conditions of reciprocity, the Ministry of Justice of Georgia may fully or partially deny a request for legal assistance.

6. If the circumstances provided for in this article are identified, the request for legal assistance and the supporting documents shall be returned to the relevant foreign state through the Ministry of Justice of Georgia, with an indication of the reasons for postponing or denying the execution of the request.

7. The Ministry of Justice of Georgia shall, before executing the procedure provided for in paragraph 6 of this article, hold consultations with the relevant foreign state on the partial execution of the request for legal assistance and/or on the execution of the request under certain conditions.

Chapter 2 Forms of Cooperation

Article 7

Cooperation upon request

1.International cooperation in law enforcement shall be carried out on the basis of a written request.

2. The request and its response shall be sent and received in writing through communication channels and tools determined by this Law. The request shall be responded to within a reasonable period of time unless a specific timeframe is determined in an international agreement of Georgia or in the request.

3. In cases of emergency, the cooperation provided in Articles 10 and 11 of this Law may be carried out verbally as well. A verbal request for the cooperation shall be confirmed in writing before a response on implementation of measures indicated in the request is sent to the requesting law enforcement authority. In the cases of extreme emergency, the request may be responded to verbally and further confirmed in writing within a reasonable period of time. The response shall be sent within the time specified in an international agreement of Georgia. If the time is not specified, it shall be sent within a reasonable period of time.

4. Unless otherwise provided in an international agreement of Georgia, a request for cooperation shall include:

a. name of the requesting law enforcement authority

b. name of the law enforcement authority receiving the request

c. subject of request

d. purpose of request

e. a list of desired measures and objectives to be achieved

f. a desired period of time for fulfilment of the request, if needed

g. any other information that will enhance the fulfilment of the request.

5. If fulfilment of a request for cooperation is beyond the power of the law enforcement authority receiving the request, it shall immediately send the request to the respective law enforcement authority of its country for fulfilment and inform the requesting law enforcement authority of the results of fulfilment of the request or ask the respective law enforcement authority of its own country to do so.

6. The procedure for preparing and sending a request for cooperation shall be determined by an order of the chief of the respective law enforcement authority of Georgia.

Chapter 2 Forms of Cooperation

Article 8

Spontaneous cooperation

2. International cooperation in law enforcement may also be carried out spontaneously without a request for cooperation if the law enforcement authorities of Georgia or foreign countries, or relevant international organisation bodies consider that the information held by them may be useful for Georgian or foreign law enforcement authorities, or for relevant international organisation bodies for preventing, detecting or suppressing crime.

2. The law enforcement authorities of Georgia, to the extent of their capabilities, shall find direct links with law enforcement authorities of foreign countries or relevant international organisation bodies, and also effectively use existing links and forums of liaison officers and/or police/security attaches in order to enhance spontaneous cooperation.