The Legal Framework of Extradition Defense
Extradition — the transfer of a person to a foreign state for criminal prosecution — is a strictly regulated procedure governed by the law on extradition, international treaties and individual agreements, and it contains several negative preconditions that determine whether a transfer is possible at all. The effectiveness of the defense often depends on how early counsel enters the process: from the moment of arrest, deadlines begin to run. This page explains which offenses are subject to extradition, which circumstances exclude transfer, how arrest and extradition custody proceed, and the rules of court examination and appeal.
Offenses Subject to Extradition
Under the double criminality rule, extradition is possible only for an offense punishable under both Georgian law and the law of the requesting state by at least one year of imprisonment or a stricter penalty; where the person has already been convicted, the unserved part must be at least four months of imprisonment. If the request concerns several offenses, extradition may still be carried out where the offenses are punishable in both states and some of them do not meet the penalty threshold but are punishable by imprisonment or provide for a fine as a sanction. This rule works in both directions. Because a treaty or individual agreement may prescribe otherwise, the first step in every case is to identify the applicable instrument — it determines the form of the documentation, the procedure and sometimes more lenient conditions.
Bars to Extradition and Excluding Circumstances
The law contains several firm barriers. Extradition is not carried out if Georgia regards the offense as a political offense or an offense connected with one; the definition refers to another norm of the same law, linked to the asylum institution. At the same time, an attack on the life of the head of state or a family member, or an attempt thereon, is not a political offense, nor is any offense in respect of which Georgia has assumed an extradition obligation under international treaties.
A separate guarantee concerns citizenship: the extradition of a Georgian citizen to a foreign state is prohibited, except in cases provided for by international treaties; where the arrested person is established to be a citizen, he or she must be released immediately. A third barrier is the prohibition of double jeopardy: extradition is not carried out if a judgment of a Georgian court exists in respect of the same offense, or if the competent authorities have taken a final decision to terminate prosecution. Finally, where a circumstance clearly excludes extradition before subsequent procedures, the Minister of Justice issues an order refusing the request.
Arrest and Extradition Custody
A person wanted by the law enforcement authorities of a foreign state may be arrested in Georgia if an extradition request, a request for provisional arrest has been submitted, or the person is sought at the international level. The arresting authority informs the prosecutor, who, within 48 hours of the arrest, applies to the magistrate judge for a measure of restraint. The magistrate's decision may be appealed within 7 days of its delivery to the investigative chamber of the appellate court, which examines the complaint within 5 days.
The term of extradition custody is 3 months, extendable by 3 months where required by the implementation of the extradition, but no more than twice, upon a substantiated motion of the prosecutor and a decision of the magistrate judge. The total term must not exceed 9 months. Where bail was replaced by extradition custody despite good-faith compliance, the bail amount and immovable property are returned within 1 month of execution. At any stage the measure may be changed or revoked by a magistrate judge, appealable to the same chamber.
Court Examination and Appeal
After receiving the request and materials, the Ministry of Justice or the Prosecutor's Office examines whether the documentation complies with the form and procedures established by the international treaty, and may request additional information. The authorized prosecutor notifies the person of the documents, explains his or her rights and applies to the district (city) court on admissibility, notifying the defense 10 days in advance. The parties must exchange the information and documentation intended for court within 5 days of the notification; otherwise those materials are inadmissible in court. The court schedules a hearing no later than 7 days after receiving the documentation and, having heard the parties, decides; the person enjoys all the rights of an accused. The ruling may be appealed within 7 days of its pronouncement by way of cassation to the Criminal Cases Chamber of the Supreme Court, which schedules the first hearing no later than 5 days after receipt. Where extradition is finally found inadmissible, the Minister of Justice issues an order of refusal.
Frequently Asked Questions
Which offenses are subject to extradition?
Those punishable in both states by at least one year of imprisonment or a stricter penalty; for a convicted person, at least four months must remain unserved. Where several offenses are involved, some may be punishable even by a fine.
Can a Georgian citizen be extradited?
No, except in cases provided for by international treaties; upon establishment of citizenship the person is released from custody immediately.
How long does extradition custody last?
3 months, extendable by 3 months no more than twice; the total term must not exceed 9 months.
Where is the ruling on admissibility appealed?
Within 7 days of pronouncement, by cassation complaint to the Criminal Cases Chamber of the Supreme Court, which schedules the first hearing no later than 5 days after receipt.
How We Help on Legal.ge
The advocates of Legal.ge begin extradition defense from the first hours after arrest: we verify the lawfulness of the request, substantiate the bars, appear before the magistrate and the district court, and continue the defense in the appellate and cassation instances. Contact us — gaining time often determines every subsequent decision.