Who may start the Georgian procedure?
The Ministry of Justice of Georgia coordinates the transfer process. Examination may begin from a request by the competent foreign authority or from an application by the convicted person, defence lawyer, close relative or legal representative.
The judgment must be final and effective. For a foreign national sentenced in Georgia, the contemplated destination is ordinarily the state of nationality. The receiving state must have a legal basis and agree to enforce the remaining sentence.
Transfer does not cancel the conviction or reduce the sentence by itself
The receiving state enforces the sentence under the applicable international arrangement and its domestic law. Parole, pardon, commutation, expulsion and transfer are separate legal routes with different authorities and consequences.
Documents the Ministry obtains
- Certified final judgment and confirmation that it has entered into force
- Any higher-court decision
- Information on the sentence already served and the remaining term
- The applicable Criminal Code provision
- Written consent where required
- Health information and proof of citizenship of the receiving state
- Opinions of the relevant Georgian authorities
- For a transfer out of Georgia, information concerning compensation for damage caused by the offence
Consent, remaining sentence and inter-state agreement
Written consent is ordinarily required unless an applicable agreement or reciprocity arrangement provides otherwise. The law also addresses cases where the person cannot express a free wish and permits a close relative or legal representative to act in defined circumstances.
A remaining term below six months ordinarily prevents transfer, although the two states may agree on an exceptional transfer. The law also permits refusal where half of the sentence has not been served unless the competent authorities agree otherwise. These provisions must be read together with the applicable treaty, reciprocity position and receiving-state rules.
Decision sequence
What the family should prepare
Provide the prisoner’s full identity, passport and citizenship evidence, penitentiary institution, Georgian case number, judgment and appeal history, sentence dates, health needs and the receiving-state family address. A close relative initiating the request should also prepare proof of kinship and authority.
Issues to resolve before requesting transfer
- Whether the judgment is final or an appeal remains pending
- Whether the destination state recognises the offence and accepts enforcement
- How time already served will be credited
- Whether a fine, confiscation, compensation order or civil claim remains outstanding
- Whether the receiving state will adapt or continue the sentence and what release rules may apply there
- Whether another warrant, prosecution or immigration measure affects the proposed movement
What Georgian counsel can do
Counsel can obtain the Georgian judgments and sentence calculations, prepare the application, verify consent and family authority, coordinate with the Ministry of Justice, the penitentiary institution, foreign counsel and the consular channel, and keep any appeal, parole or immigration procedure distinct from the transfer request.
International cooperation framework
Chapter V, Articles 43–46 of the Law on International Cooperation in Criminal Matters govern transfer of sentenced prisoners to and from Georgia.
Law on International Cooperation in Criminal Matters↗︎