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.