Article 1. The Criminal Code of Georgia ("saqartvelos sakanonmdeblo macne"1) No. 41(48), 1999) shall be amended as follows:

1. Article 6:
a) heading shall be drafted as follows:
"Article 6. Extradition and surrender of the Criminal"
b) Paragraph 1 and paragraph 2 of article 6 shall be drafted as follows:
“1. The citizen of Georgia as well as the stateless person permanently residing in Georgia shall in no way be extradited to the other state for criminal prosecution or for serving a sentence unless otherwise provided by the International Treaty of Georgia. Surrender of the citizen of Georgia as well as the stateless person permanently residing in Georgia to the International Criminal Court (ICC) shall be carried out in cases and in manner provided by the Statute (the Rome Statute) of the International Criminal Court and the law of Georgia on “Cooperation of Georgia with the International Criminal Court”.

2. The citizen of a foreign state as well as the stateless person being on the territory of Georgia, may be extradited to another state or surrendered to the ICC for criminal prosecution or for serving a sentence in manner and to the extent determined by the International Agreement of Georgia.“

Chapter I
General Provisions


Article 1. Scope of the Law

1 .This Law governs matters of cooperation between the International Criminal Court (hereinafter the International Court) established by the Rome Statute of the International Criminal Court as of 17 July 1998 (hereinafter the Statute) and Georgia; determines a national state agency responsible for cooperation between the International Court and Georgia and defines the forms of mutual legal assistance in the course of cooperation.
2.Terms used in this Law shall have the meaning as defined in the Statute.

Chapter I
General Provisions


Article 2. Legal grounds of cooperation with the International Court

The Constitution of Georgia, the Statute, this Law and other legislative acts of Georgia shall be the legal grounds of cooperation with the International Court.

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 7. Forwarding evidence and information to the International Court

1 .The Responsible Agency shall have the right to forward to the International Court the evidence and information gathered by Georgian prosecution authorities in the course of investigation, if these evidence and information make it possible for the International Court to start prosecution or if they will facilitate the on-going investigation.

Chapter IV
Request of the International Court


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.

Chapter VIII
Execution of Decision of the International Court


Article 45. Conditions for execution of decisions of the International Court

1. At the request of the International Court, decision which entered into force may executed in Georgia if the convicted person is a citizen of Georgia and/or permanent resident of Georgia and/or his property is on the territory of Georgia.

2. A sentence by the international Court imposing pecuniary penalties may be executed in Georgia also if the person has a permanent residence abroad but his property is on the territory of Georgia.

3. Decisions of the International Court shall be executed pursuant to procedures, of the Law of Georgia on Imprisonment, law of Georgia on punishment execution proceedings or the Law of Georgia on Execution of Non-imprisonment Sentences and Probation.

Chapter 1 General provisions

Article 1

Scope of the Law

1. This Law governs matters of cooperation between the International Criminal Court (hereinafter the International Court) established by the Rome Statute of the International Criminal Court as of 17 July 1998 (hereinafter the Statute) and Georgia; determines a national state agency responsible for cooperation between the International Court and Georgia and defines the forms of mutual legal assistance in the course of cooperation.

Chapter 1 General Provisions

Article 2

Legal Grounds of cooperation with the International Court

The Constitution of Georgia, the Statute, this Law and other legislative acts of Georgia shall be the legal grounds of cooperation with the International Court.

Chapter 2 National State Agency Responsible for Cooperation between the International Court and Georgia

Article 3

A national state agency responsible for cooperation between the International Court and Georgia

1. A national state agency responsible for matters of cooperation between the International Court and Georgia shall be the Ministry of Justice of Georgia (hereinafter the Responsible Agency), which receives requests for cooperation from the International Court, takes measures required for the execution of the requests, and, when necessary, coordinates activities of appropriate national bodies in the course of execution of the requests.

2. For the purpose of cooperating with the International Court, the Agency for Cooperation with the International Court shall be established within the Ministry of Justice.

3. In the course of cooperating with the International Court, the Responsible Agency shall have the authority:
a. to receive a request for cooperation from the International Court;

b. to decide on acceptability of cooperation with the International Court; to develop cooperation procedures; when necessary, to take a decision on challenging the jurisdiction of the International Court;

c. to decide on necessary measures to be taken for the purpose of cooperation; also to determine a specific state authority having the competence to execute the request;

d. to inform the International Court on the results of execution of the request;

e. where so provided for in the Statute, to consult with the Court on matters related to the request;

f. when necessary, and in accordance with law, to take measures to appoint a public attorney and/or to render other legal aid;

g. to make a decision on surrender a prosecuted person to the International Court;

h. in accordance with Article 70(4)(b) of the Statute, forward a request on conduct of criminal proceedings received from the International Court to an appropriate competent state authority;

i. to take a decision on a request of the International Court, for the purpose of executing a deprivation of liberty sentence on the territory of Georgia, for accepting the convicted person and executing a fine and/or other reimbursement of expenses imposed by the International Court.;

j. for the purpose of executing urgent measures indicated in the request, to determine the forms and conditions of execution;

k. to forward on behalf of Georgia to the International Court evidence and information gathered by the Georgian state authorities if it makes it possible for the International Court to commence prosecution;

l. when so provided by the Statute, to request reimbursement of expenses, incurred in the course of execution of the request, from the International Court;

m. to perform other functions assigned by the Statute and this Law.

Chapter 2 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 1 General Provisions

Article 1 Purpose of the Law

1. This Law defines the procedures for rendering legal assistance in criminal cases, for carrying out extradition, for transmitting criminal files or their duly certified copies for the further criminal prosecution of a person, as well as the procedures for enforcing court judgements and for transferring to, or receiving from, the state of nationality persons sentenced to imprisonment.

2. Matters related to the cooperation of Georgia with the International Criminal Court are regulated under the Rome Statute of the International Criminal Court (Rome Statute) and the Law of Georgia on the Cooperation of Georgia with the International Criminal Court.

Chapter 1 General Provisions

Article 1

Purpose of the Law

1. The purpose of this Law is to ensure effective cooperation between law enforcement authorities of Georgia and foreign countries, or between law enforcement authorities of Georgia and relevant international organisation bodies in preventing, detecting and suppressing crimes; to define rules and procedures for international cooperation in law enforcement based on bilateral or multilateral international agreements of Georgia; and to create stable legal grounds for such cooperation in the absence of such agreements.

2. International cooperation in law enforcement shall be carried out on the basis of protecting and respecting human rights and freedoms.

Chapter 1 General Provisions

Article 2 Scope of the Law

1. This Law regulates the issues of international cooperation in law enforcement that are related to the exchange of operative investigative information and personal data, implementation of operative investigative measures and other areas within the power of law enforcement authorities of Georgia, in which law enforcement authorities of Georgia cooperate with foreign law enforcement authorities or with relevant international organisation bodies.

2. International cooperation in law enforcement shall be carried out for preventing, detecting, or suppressing crimes punishable by a minimum of one year of imprisonment according to the Criminal Code of Georgia, unless otherwise provided in international agreements of Georgia.

3. International cooperation in law enforcement shall be carried out only if the action, for which the assistance is requested, is punishable under both the criminal legislation of Georgia and the legislation of the foreign countries, regardless of whether it falls in the same or different categories of crime in the legislation of Georgia and the legislations of the foreign countries, or whether it is or is not considered under the same category in such legislation.

4. This Law shall not regulate:

a. International cooperation in law enforcement carried out within the framework of International Criminal Police Organisation (Interpol)

b. the relationships regulated by the Law of Georgia on International Cooperation in Law Enforcement

c. the relationships regulated by the Law of Georgia on the Cooperation of Georgia with the International Criminal Court.

5. When carrying out measures in law enforcement within the framework of international collaboration that require necessary consent or permission from the Prosecutor’s Office of Georgia or the Common Courts of Georgia, such collaboration shall be carried out after obtaining necessary consents or permissions, as determined by the legislation of Georgia.

6. In the case provided for by the fifth paragraph of this article, cooperation results may not be presented as evidence to respective foreign law enforcement authorities unless a request for legal assistance concerning this issue is prepared.

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.

Chapter 2 Forms of Cooperation

Article 9

Cooperation with forums of liaison officers and/or police/security attachés

1. The appropriate law enforcement authorities of Georgia shall effectively cooperate within forums of liaison officers and/or police/security attachés operating in Georgia in order to enhance the cooperation provided for by this Law. For this purpose, respective law enforcement authorities of Georgia shall determine the formation of specific bodies or designation of persons responsible for cooperation.

2. The appropriate law enforcement authorities shall also effectively use the forums of liaison officers and/or police/security attachés in foreign countries and develop and/or consolidate existing cooperation if necessary.

Chapter 3 Types of Coordination

Article 18

Other types of cooperation

When required, the appropriate law enforcement authorities of Georgia, upon request, may cooperate with foreign law enforcement authorities in the following areas:

a. exchange and training of relevant experts;

b. organising and conducting joint conferences, workshops, business meetings, and trainings;

c. sharing experiences and best practices;

d. assisting in the training of qualified staff and in raising their level of professionalism; sharing results of scientific research;

e. supporting with appropriate equipment, technical means, and devices;

f. sharing experiences about methods and means applied in the criminal sphere.

Chapter 5 Grounds for Refusing Cooperation

Article 21

Grounds for refusing cooperation

1. Unless otherwise provided for by bilateral or multilateral agreements of Georgia, the appropriate law enforcement authorities of Georgia may fully or partially refuse to carry out international cooperation in the law enforcement, if:

a. the cooperation is likely to prevent the investigation of other criminal cases or operative investigative activities initiated by the law enforcement authorities of Georgia;

b. the cooperation is likely to affect the sovereignty, security, public order or other essential interests of Georgia;

c. the cooperation contradicts the legislation of Georgia;

d. Georgia considers the crime, for which the cooperation is requested, to be a political crime or a crime related to a political crime. The crime shall not be considered to be political if the signs of criminal action outweigh the political aspects of committing a crime, taking into account the goals, motives, forms, methods and other circumstances of committing a crime;

e. the cooperation is likely to adversely affect universally recognised human rights and fundamental freedoms.

2. If the relevant law enforcement authorities of Georgia suspect that the crime, for which the cooperation is requested, is a political crime, it shall inform the Prosecutor's Office of Georgia which in turn shall address the Ministry of Justice of Georgia regarding the issue. The Ministry of Justice of Georgia, on the request of the Prosecutor's Office of Georgia, shall make a decision regarding the cooperation, or a decision on fully or partially refusing to cooperate, according to paragraph 1 (d) of this article.