Defense in extradition proceedings is built on the search for and substantiation of the statutory grounds for refusal: the Law of Georgia on International Cooperation in the Criminal Law Field precisely regulates which crimes are subject to surrender, in which cases extradition is prohibited, and how the questions of arrest and of the decision are resolved. This page explains these rules so that a person and his or her advocate know on which grounds a refusal of extradition can be obtained.
Which Crimes Are Subject to Extradition
Unless an international treaty or an individual agreement provides otherwise, a person is extradited to a foreign state for the commission of crimes punishable both under Georgian and under the respective foreign legislation by deprivation of liberty for at least one year or by a more severe penalty. In the case of a convicted person, it is also necessary that at least four months of deprivation of liberty remain unserved. Where the request concerns several crimes, some of which do not meet the requirement as to the measure of punishment but are punishable by deprivation of liberty or by a fine, extradition is still possible; the same rule applies to extradition into Georgia.
Political and Military Offenses, the Surrender of a Citizen
Extradition is not carried out where Georgia regards the crime for which the person's surrender is requested as a political offense or an offense connected with a political offense. An attack on the life of the head of state or of a member of his or her family, or an attempt thereon, is not regarded as a political offense, nor is any crime for which Georgia has assumed an extradition obligation under international treaties. Nor is extradition carried out where the crime is a military offense.
The extradition of a citizen of Georgia to a foreign state is impermissible, save for the cases provided for by international treaties. The rule on the death penalty is likewise a bar: extradition is not carried out where the legislation of the requesting state provides for the death penalty for the crime for which the person's surrender is requested.