Extradition Proceedings in Georgia

Build one verified international file

Extradition defence begins by reconciling the foreign warrant or judgment, request and translation with the Georgian arrest, restraint and court record. Confirm identity, requesting authority, alleged conduct, foreign case status, current validity and the exact international or Georgian instrument being used.

Arrest and extradition restraint

Article 30 of the Law on International Cooperation in Criminal Matters allows arrest on specified grounds, including an extradition request, a request for temporary detention or international wanted status. The prosecutor applies to the magistrate judge within 48 hours after arrest. Extradition detention or another restriction may be used, and the restraint decision has its own appeal route.

The present law provides a three-month extradition-detention period capable of extension by three months for extradition-related reasons, not more than twice. Each extension and the continuing need for restriction should be tested against the actual procedural progress and available alternative.

Conduct and threshold

Unless an applicable agreement provides otherwise, the requested conduct must satisfy the statutory dual-criminality and punishment threshold. The analysis compares conduct and essential elements, not offence names alone. For a conviction request, the outstanding sentence and finality of the judgment also matter.

Ordinary decision sequence

1. The Ministry of Justice or Prosecutor’s Office checks the request and supporting documents
2. Additional information may be requested from the foreign authority
3. The prosecutor communicates the material and rights to the person
4. The prosecutor asks the district or city court to decide permissibility, notifying the defence in advance
5. The court examines identity, legal requirements, refusal grounds and the submitted evidence
6. The applicable court and ministerial decisions follow the statutory sequence and review routes

Evidence and document exchange

The current law contains specific advance-notice and document-exchange rules before the permissibility hearing. Defence counsel should not wait for the hearing to identify missing translations, an expired or incomplete warrant, mistaken identity, limitation, citizenship, health evidence or a refusal ground. Overseas counsel should certify and explain foreign materials so they can be used effectively in Georgia.

Simplified extradition

A person may be informed of the right to request a simplified procedure. Consent is final under the statutory framework and the judge must check voluntariness, understanding, legal assistance and familiarity with the file. Before consenting, obtain advice on speciality protection, the foreign charge, sentence exposure, custody credit and any parallel Georgian matter.

Speciality and third-state transfer

The rule of speciality generally limits prosecution after extradition to the offence for which surrender was granted, subject to statutory or treaty exceptions. Consent in a simplified procedure may affect that protection. Transfer onward to a third state is also a separate issue requiring analysis of the relevant consent and agreement.

What counsel can do

Georgian counsel can challenge restraint, obtain and translate the request, coordinate with requesting-state lawyers, test identity and request validity, present refusal and humanitarian evidence, prepare the permissibility hearing and appeal, and protect the client from inconsistent positions across the two jurisdictions.