Mutual Legal Assistance (MLA) in criminal matters is a form of cooperation between states that differs from extradition, although they often run in parallel. This process involves one country assisting another in obtaining evidence, questioning witnesses, transferring documents, and tracing assets. In the era of globalization, where crime is often transnational (e.g., cybercrime, money laundering, fraud), Georgian law enforcement agencies frequently receive or send MLA requests. For individuals and legal entities involved in this process (witnesses, victims, companies), it is critically important to know their rights and obligations to prevent their interests from being prejudiced within the framework of a foreign investigation.
Specialists at Legal.ge offer qualified consultation and representation during the mutual legal assistance process. Our lawyers will assist you in the following matters:
- Protection of Procedural Rights during Interrogation: If you are summoned for questioning in Georgia at the request of a foreign investigation, a lawyer ensures that your right against self-incrimination is protected and that the process is conducted in accordance with Georgian law.
- Protection of Banking and Commercial Secrecy: When company documents or banking information are seized upon a foreign request, the lawyer monitors the legality of the process and challenges disproportionate requests.
- Challenging Asset Freezing: If your property or bank accounts in Georgia have been frozen based on an MLA request, the lawyer will prepare a strategy to lift the freeze.
- Monitoring Document Transfer: Ensuring that transferred information does not exceed the scope of the request and preventing the leakage of confidential data.
In practice, international businesses often require this service. For example, a German prosecutor investigating tax evasion requests information about the transactions of a partner Georgian company. A Georgian court must authorize the release of this information. At this point, the company needs a lawyer to defend its position in court. Another example is when a Georgian citizen is summoned as a witness for an ongoing US investigation via video conference; here, it is important to ensure that their testimony does not subsequently create legal problems for them.
In Georgia, this field is regulated by the "Law of Georgia on International Cooperation in Criminal Matters" and the "Criminal Procedure Code." Additionally, Georgia is a party to numerous multilateral conventions (e.g., the European Convention on Mutual Assistance in Criminal Matters) and has signed bilateral treaties with the USA, Turkey, and other countries. These acts define the conditions under which a foreign request can be executed and when it can be refused (e.g., if the request contradicts Georgia's sovereignty, security, or public order).
The process typically begins with the receipt of a foreign request by the Prosecutor General's Office of Georgia. The Prosecutor's Office checks the request's compliance and applies to the court for permission to conduct investigative actions (search, seizure, interrogation). Lawyer involvement at the court hearing stage is crucial to verify whether the principle of "dual criminality" is observed and whether the rights of the interested person are violated. Blind execution of a foreign request is impermissible, and Georgian legislation provides defense mechanisms.
Lawyers presented on Legal.ge will help you navigate the complex regulations of international cooperation. If you or your company have become a subject of interest in a foreign investigation, do not wait for events to unfold. Timely consultation will help you avoid unforeseen legal consequences and protect your information and assets.
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