Article 14 – Direct and oral examination of evidence

1. Evidence shall not be presented to a court (jury), unless the parties had the equal opportunity to examine it directly and orally, except as provided for by this Code.

2. A party may request to personally interrogate a witness and present him/her own evidence at the hearing.

Article 114 – Procedure for examining a person as a witness during an investigation

1. At the stage of investigation, a person may be examined as a witness, upon motion of both the defence and the prosecution, before a magistrate judge according to the place of investigation or the location of the witness if:

a) there is an actual risk to the life or health of the witness, which may interfere with his/her examination during a hearing on the merits;

b) he/she intends to leave Georgia for a long period;

c) the collection of evidence from other sources, necessary for the conduct of a hearing on the merits, requires unreasonable effort;

d) this is necessary for the application of a special measure of protection.

2. An interviewee may also be examined as a witness, upon motion of the prosecution, before a magistrate judge according to the place of investigation or the location of the witness if there is a fact and/or information that would satisfy an objective person that the person in question may hold information necessary for ascertaining the circumstances of the criminal case and if this person refuses to be interviewed. The defence may exercise the same right in the manner prescribed by this Code.

2^1. An interviewee may also be examined as a witness, upon motion of the defence, before a magistrate judge according to the place of investigation or the location of the witness if there is a fact and/or information that would satisfy an objective person that the person in question may hold information necessary for ascertaining the circumstances of the criminal case and if the examination of this person is important to the defence and if this person also refuses to be interviewed.

3. Giving a testimony before a magistrate judge in the manner provided for by this article shall be mandatory and a refusal to give testimony shall result in criminal liability. This rule shall not apply in the case specified in paragraph 15(b) of this article.

8. If the motion provided for by this article is granted, the court shall call a person to be examined as a witness by a summons, phone or other technical means of communication. The summons/any other notice shall indicate who, for what purpose, before whom and at which address the person is called, also the exact time of appearance, and the consequences of the failure to appear without valid reasons. If a witness fails to appear, the procedure established by Article 149 of this Code shall apply. In such cases, the periods established by paragraphs 6 and 7 of this article shall not apply. The examination of a witness shall start once he/she appears, within a reasonable period. The party initiating the examination may, on its own, arrange the appearance before the magistrate judge of the person to be examined as a witness, with the written consent of this person.

9. In cases provided for by paragraph 1(a-d), paragraphs 2 and 21, and paragraph 15(b) of this article, a person shall be examined as a witness with the participation of the parties. If the party initiating the examination fails to appear, the witness shall not be examined. The non-appearance of the other party shall not interfere with the examination. In the interests of justice and/or for the purpose of protecting the life, health, property or private life of a participant in criminal proceedings, upon a reasonable motion of the party and the decision of the magistrate judge, a witness may be examined without prior notification and participation of the other party. In this case, the testimony given by the witness shall be considered as inadmissible evidence during the hearing on the merits if the witness can be examined again.

11. A witness may use the services of a defence lawyer.

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.