The document and status control the next move
A person may refuse a voluntary prosecution interview, but examination before a magistrate judge requires a party's motion and judicial authorisation under the Code.
Which statutory ground supports early judicial testimony, and what rights or confidentiality issues affect the witness?
A label used in a call or conversation cannot replace the formal record, the person's status and the legal basis for the action.
Build the procedural record
The invitation, refusal or unavailability material, party motion, judicial ruling, oath and warning, recording, transcript and objections.
Clarify that the witness cannot personally transfer the interview to court; counsel should assess whether a party should seek the Article 114 procedure.
Voluntary police interview or testimony before a judge?
These are different procedural institutions. A police or prosecution interview under Article 113 is voluntary. Examination before a magistrate judge under Article 114 is formal judicial testimony: it requires a party's motion, a statutory basis and a judicial ruling, and the resulting duty to testify is compulsory subject to lawful privileges.
A person may refuse the voluntary interview, tell the authority that they prefer formal testimony, and obtain advice from a lawyer. But the person cannot personally require the magistrate judge to examine them. The prosecution or defence must make the application and the judge decides whether the Code permits it.
Why this procedure exists
Judicial examination can preserve important evidence while it is available, protect a vulnerable witness, secure evidence before a long absence, or place a refused voluntary account into a formal process with judicial warnings and adversarial questioning. It is an evidence-preservation and compulsory-testimony mechanism—not a method for a witness to choose a more convenient interview location.
Safety risk
There is an actual risk to the person's life or health that may interfere with later examination at the hearing on the merits.
Long absence from Georgia
The person intends to leave Georgia for a long period, creating a real risk that later testimony will not be available.
Evidence otherwise unreasonably difficult
Obtaining the necessary information from another source would require unreasonable effort.
Special protection
Judicial examination is necessary in connection with a special protective measure for a participant.
How the procedure works
- Clarify the invitationArticle 113 permits a voluntary interview of a person who may have relevant information. The interviewer must explain that participation is voluntary, that the person may use a lawyer at their own expense, and that self-incriminating or close-relative information need not be disclosed.
- Refusal is recordedThe person may decline the voluntary interview. They may be warned that a party can seek examination before a magistrate judge, where testimony is compulsory and unjustified refusal may create criminal liability.
- A party files the motionThe prosecution or defence—not the interviewee personally—submits a reasoned motion to the magistrate judge for the place of investigation or the witness's location. A defence motion must explain why the testimony matters to the defence.
- The judge decidesThe motion is considered without an oral hearing. If granted, examination should begin within a reasonable time and generally no later than 24 hours after filing, subject to a valid witness-related extension; night examination is prohibited.
- Judicial examinationThe court summons the witness and explains the oath, duties, protection against incriminating self or relatives, and liability for refusal or false testimony. The initiating party examines first and the opposing party ordinarily has cross-examination rights.
- Record and later challengeThe initiating party receives the testimony in written and electronic form. At the preliminary hearing, a party may seek exclusion if the examination involved a substantial legal violation.
A defence motion is also possible
If objective information indicates that the person possesses necessary information, the examination is important to the defence and the person has refused an interview, the defence may apply under Article 114(2¹). Specific exclusions apply to certain personnel connected with covert or operative-investigative activity and to investigators or prosecutors concerning their official actions.
Rights and safeguards at the examination
- The witness may use a defence lawyer.
- The witness is not required to incriminate themselves or a relative protected by the Code.
- A person without sufficient command of Georgian may use a state-funded interpreter and testify in a language permitted by the Code.
- The examination is held in a closed hearing under Article 115.
- The other party ordinarily participates and may cross-examine; narrowly defined protective exceptions can affect notice and participation.
- The procedure does not apply to an accused person, whose questioning and silence rights are governed separately.
Once the magistrate judge calls the person as a witness, appearance and testimony are no longer merely voluntary. Obtain advice immediately about lawful privileges, interpretation, counsel, the scope of questioning and any valid reason preventing appearance.
Primary sources for this guide
Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.
Criminal Procedure Code of Georgia↗︎Constitution of Georgia↗︎Criminal Code of Georgia↗︎