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.
This page primarily concerns the Criminal Procedure Code or another specialist statute. The applicable offence article depends on the underlying allegation.
How counsel turns the issue into a case plan
For witness examination before a magistrate judge, counsel can identify the operative procedure and decision-maker, test the prosecution theory against each legal element, obtain lawful defence material, frame expert or disclosure requests, preserve objections and prepare the next motion, hearing or cross-border step. Advice must be based on the actual record rather than the page title alone.
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.
Questions clients ask about witness examination before a magistrate judge
Which procedural status matters most for Witness Examination Before a Magistrate Judge?+
In Witness Examination Before a Magistrate Judge, whether the person is an interviewee, witness, accused, arrested person, victim or another participant determines rights and duties. A person invited to a voluntary interview may refuse, but cannot personally compel examination before a magistrate judge. A prosecution or defence motion, statutory grounds and a judicial decision are required under Articles 113–115 of Georgia's Criminal Procedure Code. Ask for the document or record that states status before assuming that an invitation, allegation or restriction speaks for itself.
Is participation in Witness Examination Before a Magistrate Judge voluntary or compulsory?+
For Witness Examination Before a Magistrate Judge, that depends on the exact act and legal basis. A voluntary police interview, compulsory court summons, accused-person interrogation, search order and judicial hearing follow different rules. Counsel should identify the issuing authority, consequence of non-attendance and available privilege or objection before the client responds.
Which record controls a dispute about Witness Examination Before a Magistrate Judge?+
In a dispute about Witness Examination Before a Magistrate Judge, the official summons, motion, ruling, procedural record, evidence inventory or judgment normally matters more than an informal description. Obtain a complete copy, verify interpretation, record corrections before signing where possible and preserve proof of service for any review deadline.
What can defence counsel do during Witness Examination Before a Magistrate Judge?+
During Witness Examination Before a Magistrate Judge, counsel can explain status, prepare the client, attend where the Code permits or requires, protect silence and interpretation rights, state objections, request lawful defence evidence and use the motion or review procedure appropriate to the particular decision.
What commonly determines the remedy for a problem with Witness Examination Before a Magistrate Judge?+
For a problem involving Witness Examination Before a Magistrate Judge, the decision-maker, timing, written reasons, objection already preserved, prejudice and current procedural stage determine whether the response is an immediate objection, application, evidentiary challenge, appeal or later review ground. These remedies are not interchangeable.
Primary sources for this guide
Legislation can change and official English translations may lag the Georgian text. Check the current consolidated version and obtain advice before relying on a deadline, offence classification or remedy.
Criminal Procedure Code of Georgia↗︎Constitution of Georgia↗︎Criminal Code of Georgia↗︎