International Cooperation

The Main Functions of the Department:

Legal provision of the activity of the Main Prosecutor’s Office;

Provision of fulfillment of the rights and obligations foreseen by the international treaties of Georgia on legal assistance;

Discussion of questions of extradition of foreign citizens, preparation of petition on extradition of citizens of Georgia, who are detained on the territory of a foreign country and their sending to the relevant destination addresses;

Within its competence, implementation of legal procedures related to the transfer of sentenced persons for the purposes of further serving of a sentence;

Preparation of notes and proposals on the legal and other normative acts’ projects, which have been submitted from the legislative, executive and other organs for discussion and agreement;

Provision of access to public information;

Provision of representation of the Prosecutor’s Office at a Court on civil and administrative cases;

Bringing an appeal and provision of representation at a Court on the cases of passing the illegal, unjustified property and the property gained by means of racketeering in a hold of a group of racketeers, racketeer, official, member of a criminal world, trafficker in human slaves, contributor to distribution of drugs, as well, a person who has been sentenced according to the article 194, paragraph 3, subparagraph “c” of the Criminal Code of Georgia, his/her family member, close relative and associate. Also, giving the directives and orders, which are mandatory to fulfill, to the subordinated district and regional prosecutors and investigators, as well as, other staff members of the Prosecutor’s Office.

Structure of the Department

 

International Relations Division 

International Relations Division of the Main Prosecutor’s Office of Georgia provides the international legal cooperation of the competent State Organs of Georgia on the criminal law cases.

The main directions on the international legal cooperation falling under the competence of the International Relations Division are as follows: Discussion of questions related to extradition, international legal support and transfer of the sentenced person.

 

Legal Division

The Legal Division of the Main Prosecutor’s Office of Georgia provides access to public information and represents the Prosecutor’s Office at a Court on civil and administrative cases, besides that, the Division prepares notes and proposals on projects of legislative and other normative acts submitted for discussion and agreement by the legislative, executive and other State Organs. 

The main activity of the Legal Division of the Main Prosecutor’s Office is bringing of an appeal and provision of representation at a Court on the cases of passing the illegal, unjustified property and the property gained by means of racketeering in a hold of a group of racketeers, racketeer, official, member of a criminal world, trafficker in human slaves, contributor to distribution of drugs, as well, a person who has been convicted according to the article 194, paragraph 3, subparagraph “c” of the Criminal Code of Georgia, his/her family member, close relative and associate. Also, giving the directives and orders, which are mandatory to fulfill, to the subordinated district and regional prosecutors and investigators, as well as, other staff members of the Prosecutor’s Office.

 

Staff Members

 

The Legal Database

Order #252 of the Minister of Justice of Georgia of November 7th, 2008 on Approval of the statute of the Main Prosecutor’s Office 

Order #275 of the Minister of Justice of Georgia on approval of the statute of the Legal Support Division of the Main Prosecutor’s Office of Georgia

Georgian law “On the Prosecutor’s Office”

Georgian law “On International Cooperation in the Field of Criminal Law”

“European Convention on Extradition” (Paris,  13.XII.1957);

Additional Protocol of the “Convention on Extradition” (Strasbourg, 15. X.1975);

Second Additional Protocol of the “European Convention on Extradition” (Strasbourg, 17. III.1978);

“European Convention on Prevention of Terrorism” (Strasbourg, 27.I.1977); 

“Convention on the Transfer of the Sentenced Persons” (Strasbourg, 21. III.1983);

“Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime” (Strasbourg, 8.XI.1990);

Additional Protocol of the “Convention on the Transfer of the Sentenced Persons” (Strasbourg, 18.XII.1997);

“Criminal Law Convention on Corruption” (Strasbourg, 27.I.1999);

Council of Europe “Convention on Action against Trafficking in Human Beings” Warsaw 16.V.2005);

“Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters” (Minsk, 22.I.1993);

“Convention on the Transfer of the Sentenced Persons for the Further Service of the Sentence” (Moscow, 6.III.1998);

UN Convention Against Corruption;

Un Convention Against Transnational Organized Crime;

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations “Convention against Transnational Organized Crime”;

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations “Convention against Transnational Organized Crime”;

“ United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances”;

“International Convention Against Taking of Hostages”, adopted by the UN General Assembly on December 17th, 1979 ;

“Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents”, adopted by the Un General Assembly on December 14th, 1973;

International Convention “For the Suppression of the Financing of Terrorism”, adopted on December 9th, 1999 by the UN General Assembly;

“International Convention for the Suppression of Acts of Nuclear Terrorism”, adopted on April 13th, 2005 by the UN General Assembly;

“Convention on Offences and Certain Other Acts Committed on Board Aircraft”, signed in Tokyo on September 14th, 1963. (Deposited with the Secretary General of the International Civil Aviation Organization);

“Convention for the Suppression of Unlawful Seizure of Aircraft”, adopted on December 16th, in Hague;

“Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation”, adopted on September 23rd, 1971 in Montreal;

Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the “Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation”, adopted on September 23rd, 1971, in Montreal;

“Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation”, adopted on March 10th, 1988, in Rome. (Deposited with the Secretary General of the International Maritime Organization);

The Rome Protocol of March the 10th, 1988 For Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (Deposited with the Secretary General of the International Maritime Organization).

FAQ

 

What is Extradition?

Extradition is a procedure, where one country makes a petition to another with the request of a transfer of a person who has committed a crime, which falls under the jurisdiction of the country applying for the transfer. Though, making the petition doesn’t imply that the extradition should necessarily be implemented. There are a number of legal reasons for which a country may refuse to extradite a person from its territory. 

 

What regulates an extradition procedure?

The main regulations on the procedures of extradition are given in the Georgian Law “On International Cooperation in the Field of Criminal Law”.

The most part of the norms regulating the procedure of extradition are stipulated by the relevant international treaties, which are ratified by Georgia. As the greater share of cooperation in the field of extradition is conducted by the European countries, in Georgia, the mostly used international treaty is the “European Convention on Extradition”.

 

What form should the petition on extradition request carry, and what documents should it include?

The petition on the request of extradition should be drawn up in a written form. Factual circumstances, type, time and place of the offence, its legal description, a copy of the relevant article of the law have to be included in it, or in the attached documents. Also, there should be information provided, which will help the competent organs to identify the personality and citizenship of the extraditable person.

Besides that, the petition on request of extradition should be accompanied by the order on usage of suppressive measure (if a person is an accused), or a copy of a court sentence (if a person is a convict (sentenced person).

 

What is an international legal assistance?

The procedure of the international legal assistance includes acquisition of evidence and conduction of various procedural actions in a foreign country. During the above mentioned procedure, on the basis of a petition of a competent organ of a foreign country, an investigator/prosecutor/judge implements different investigative and procedural actions within his/her jurisdiction. The petition on the legal assistance can be sent to the foreign country only by means of the central competent organs. In Georgia, the central competent organ on the aforesaid questions is the International Relations Division of the Main Prosecutor’s Office of Georgia.

 

Which legal acts regulate the legal assistance procedure?

The international legal assistance procedure is regulated by the Georgian law “On International Cooperation in the Field of Criminal Law” and relevant international treaties.

 

Who can make a petition on the international legal assistance?

Only an investigator or a prosecutor is entitled to request the legal assistance.

 

What does transfer of a sentenced person imply?

A procedure of transfer of a sentenced person implies a transfer of a person, who has been sentenced in a foreign country to a country of citizenship.

In case of a transfer, serving of a sentence continues. The above mentioned procedure is different from extradition.


Who can request the transfer of a sentenced person?

The transfer can be requested by a sentenced person himself/herself, or by his/her representative or a competent organ of a country request ing/making the transfer.


Who decides on the transfer of a sentenced person?

A responsible organ of a relevant country makes a decision on the transfer of a sentenced person.

In Georgia, a relevant decision on a question of the transfer is made by the Minister of Justice of Georgia on the basis of a conclusion of the International Relations Division of the Main Prosecutor’s Office of Georgia.