Mutual legal assistance in criminal matters is the mechanism by which states exchange information, documents and the movement of persons, regulated by the Law of Georgia on International Cooperation in the Criminal Law Field. The law defines the bases of cooperation, the channels of communication, the rules for the delivery of documents and the summons of persons, the exchange of information and confidentiality. This page explains the mechanism for persons and companies involved in cross-border cases — from a document received from abroad to a summons to a Georgian proceeding.
Bases and Channels
International cooperation in the criminal law field is, as a rule, carried out on the basis of an international treaty of Georgia. In individual cases an individual agreement or the principle of reciprocity is possible with a state with which no respective treaty has been concluded — in that case the conditions of reciprocity must contain the minimal guarantees established by law, though higher standards are not excluded. Communication takes place through the channels established by the treaty; in their absence, through direct channels if the national law of the foreign state does not require otherwise, and in the case of reciprocity diplomatic channels may also be used.
The law also permits the use of electronic means and the channels of the International Criminal Police Organization, Interpol, where they allow the written presentation of the sent material and the establishment of its authenticity; upon a respective request, material so delivered is subsequently confirmed by the original or a certified copy.
Delivery of Documents and the Summons of Persons
Where an appropriate legal basis exists, an investigator, a prosecutor or a judge is authorised to deliver, by post and in a language understandable to the person, a court decision or another procedural document to a person located in a foreign state; the document must be accompanied by a written explanation of the rights and duties of the addressee. The summons of a person located abroad — as an accused, a witness, an expert or a victim — takes place by way of a request for legal assistance.
A summoned witness, expert or victim is reimbursed for all expenses connected with travel and stay in Georgia, as well as absence from main work; the expert additionally receives reimbursement of the expenses and remuneration connected with the expert activity. The notice or the request must indicate the amount of expenses to be reimbursed to the summoned person in case of appearance.
Exchange of Information and Confidentiality
The Prosecutor's Office of Georgia solicits from the competent bodies of a foreign state information or materials in connection with a case in its own proceedings and is also authorised, on its own initiative, to deliver to them information obtained during an investigation — and may impose a restriction on the use of that information; the Georgian bodies are obliged to comply with such a restriction imposed by the foreign state.
Confidentiality is likewise provided for by law: the Prosecutor's Office may request a foreign body to maintain confidentiality in the execution of a request and itself ensures confidentiality in the execution of a request of a foreign state; where confidentiality cannot be maintained, the respective body is immediately informed thereof.
Execution of Requests in Georgia
A request received from a foreign state is executed in accordance with the legislation of Georgia; upon a respective request, the legislation of the initiating state is also applied, provided it does not contradict the fundamental principles of Georgian legislation. Persons with respect to whom foreign bodies request procedural actions enjoy the same procedural status as that granted to them in the initiating state — provided the fundamental rights of the person under Georgian legislation are not violated thereby.
In practical terms the mechanism unfolds through three questions: on what basis cooperation takes place — treaty, individual agreement or reciprocity; through which channel communication passes — established, direct, diplomatic, electronic or through Interpol; and what guarantees accompany the person — delivery of the document in an understandable language, reimbursement of expenses and the procedural status of the initiating state. The answers to all three come directly from the law, and presenting them together builds the plan of reaction to an international request.
Frequently Asked Questions
What is the basis of cooperation?
An international treaty; in its absence — an individual agreement or reciprocity with minimal guarantees.
How is a document delivered abroad?
By post, in an understandable language, with a written explanation of rights.
Are a witness's expenses reimbursed?
Yes — travel, stay and absence from work; the expert additionally receives remuneration.
What status does a transferred person have?
The same procedural status as in the initiating state, without violating fundamental rights.
How We Help on Legal.ge
In cross-border criminal cases the lawyers of Legal.ge represent both individuals and companies: we prepare and substantiate requests, align the documentation with international requirements, protect the conditions of confidentiality and use restrictions, and record the procedural guarantees. Contact us — a correct reaction to an international request determines the outcome of the case.