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Return back | On the Prosecutor's Office | |
|---|---|
| Document number | 382 |
| Document issuer | Parliament of Georgia |
| Date of issuing | 21/10/2008 |
| Document type | Law of Georgia |
| Source and date of publishing | LHG, 27, 27/10/2008 |
| Expiration Date | 16/12/2018 |
| Registration code | 110.060.000.05.001.003.292 |
| Consolidated publications | |
Consolidated versions (27/10/2015 - 21/12/2016)
Law of Georgia
On THE Prosecutor’s Office
Chapter I - General Provisions
Article 1 –Prosecutor’s Office of Georgia
1. The Prosecutor’s Office of Georgia ('the Prosecutor’s Office') is a state subordinate agency within the system of the Ministry of Justice of Georgia that exercises its powers within the limits defined by the legislation of Georgia.
2. No extraordinary or specialised prosecutor’s offices may be established. A special (ad hoc) prosecutor shall be appointed in the case specified in Article 92(1) of this Law.
3. The Minister of Justice of Georgia ('the Minister of Justice') may, on the recommendation of the Chief Prosecutor of Georgia ('the Chief Prosecutor'), within the limits of general powers defined by the legislation of Georgia, temporarily form a Specialised Prosecutor’s Office and define the areas and term of its activity, as provided for by law.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Article 2 - Definition of terms
The terms used in this Law have the following meanings:
a) prosecutor – the Chief Prosecutor; the First Deputy Chief Prosecutor and Deputies Chief Prosecutor; the Prosecutors of the Autonomous Republics of Abkhazia and Ajara; the Prosecutor of the City of Tbilisi; a district prosecutor; a regional prosecutor; a prosecutor of a Specialised Prosecutor’s Office; a prosecutor for matters of extraordinary significance; a senior prosecutor; a prosecutor; a forensic prosecutor; a prosecutor intern; the heads and deputy heads of the Prosecutor’s Office departments, divisions, units and structural units equated to them who directly discharge the functions provided for by the criminal procedure legislation of Georgia; also, in individual cases, an officer of the Prosecutor’s Office who does not directly discharge the functions provided for by the criminal procedure legislation of Georgia but has passed a qualification exam for employees of the Prosecutor’s Office and has been granted the powers of a prosecutor by the decision of the Chief Prosecutor;
a1) special (ad hoc) prosecutor – a person defined in Article 83 of this Law, who exercises powers under Article 92 of this Law;
b) investigator of the Prosecutor’s Office – a senior investigator for extraordinary matters, an investigator for matters of extraordinary significance, a senior investigator, an investigator, and an investigator intern.
c) employee of the Prosecutor’s Office – a prosecutor, an investigator, an advisor, an intern, support staff, and a contract employee at the Prosecutor’s Office;
[c) employee of the Prosecutor’s Office – a prosecutor, an investigator of the Prosecutor’s Office, a servant of the Prosecutor’s Office (an advisor to the Prosecutor’s Office, a specialist of the Prosecutor’s Office), an intern at the Prosecutor’s Office, and a person employed by the Prosecutor’s Office under a labour contract; (Shall become effective as from 1 January 2017) ]
d) intern at the Prosecutor’s Office – a person with higher education in law who has passed a qualification exam for employees of the Prosecutor’s Office, and who, under the established procedure, has been appointed by the Chief Prosecutor as an intern to the position of a prosecutor, a senior investigator or investigator of a structural unit, or without a position, at the Chief Prosecutor’s Office of Georgia, the Prosecutor’s Offices of the Autonomous Republics of Abkhazia and Ajara, the Prosecutor’s Office of the City of Tbilisi, Regional, District and Specialised Prosecutors’ Offices;
e) advisor to the Prosecutor’s Office – a person appointed to a position provided for by the staff list of a department, division, unit, or a structural unit of equivalent status, of the Prosecutor’s Office, whose function does not include exercising the powers under the criminal procedure legislation of Georgia and who does not fall under either the category of support staff or a category of a contract employee of the Prosecutor’s Office;
f) support employee of the Prosecutor’s Office – a technical employee who, based on a labour contract, is admitted to the system of the Prosecutor’s Office to a support employee position, provided for by the staffing table;
[e) advisor to the Prosecutor’s Office, a specialist of the Prosecutor’s Office – a professional public servant appointed to a position provided for by the staff list of a department, division, unit, or a structural unit of equivalent status, of the Prosecutor’s Office, whose function is to exercise powers under public law (except for powers under the criminal procedure legislation of Georgia);
f) person employed by the Prosecutor’s Office under a labour contract – a person who, for the provision of public service at the Prosecutor’s Office, has been granted the power for performing ancillary or temporary tasks of the Prosecutor’s Office on the basis of the labour contract; (Shall become effective as from 1 January 2017) ]
g) contract employee of the Prosecutor’s Office – a person who is temporarily admitted to the system of the Prosecutor’s Office, either by appointment or under a labour contract, to perform irregular tasks.
[g) (Deleted – 27.10.2015, No 4383) ( Shall become effective as from 1 January 2017)]
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Law of Georgia No 4383 of 27 October 2015 – website, 11.11.2015
Article 3 - Tasks of the Prosecutor’s Office
1. In the manner laid down by law, the Prosecutor’s Office shall:
a) conduct criminal prosecution;
b) provide procedural guidance at the stage of investigation to ensure criminal prosecution;
c) conduct investigation to the full extent where so provided for by law;
d) supervise strict and uniform compliance with the law while performing the activities of criminal investigation authorities;
e) verify the facts of violation of the rights of the incarcerated and discharge procedural duties in places of detention and penitentiary institutions and other facilities executing penitentiary functions or other enforcement measures administered by a court;
f) participate as a party in criminal proceedings and support State prosecution;
g) coordinate the fight against crime;
h) participate, as a plaintiff, on behalf of the State, in civil proceedings on transferring to the State illegal and undocumented property and property resulting from racketeering, property owned by a racket group, a racketeer, an official, a member of the criminal world, a human trafficker, an illegal narcotic drugs distributor, or a person convicted under Article 194(3)(c) of the Criminal Code of Georgia;
i) conduct criminal intelligence activities in the manner laid down by the legislation of Georgia.
2. The Prosecutor’s Office may not be assigned a duty that is not provided for by the Constitution of Georgia, this Law or other legislative acts.
Law of Georgia No 2700 of 9 March 2010 – LHG I, No 12, 24.3.2010, Art. 47
Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332
Law of Georgia No 3550 of 1 May 2015 – website 18.05.2015
Article 4 - Principles of activity of the Prosecutor’s Office
The principles of activity of the Prosecutor’s Office shall be as follows:
a) legitimacy;
b) protection of rights and freedoms of natural persons, protection of and respect for the rights of legal persons;
c) professionalism and competence;
d) objectiveness and impartiality;
d) unity and centralisation, subordination of all subordinate prosecutors and other officers of the Prosecutor’s Office to the Chief Prosecutor;
f) political neutrality.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 5 - Legal grounds for the activity of the Prosecutor’s Office
The Constitution of Georgia, international treaties and agreements of Georgia, this Law and other legal acts shall be legal grounds for the activity of the Prosecutor’s Office.
Article 6 - International commitments of the Prosecutor’s Office
Within the scope of its authority, the Prosecutor’s Office shall take part in addressing matters arising from international treaties and agreements of Georgia.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Chapter II – System and Organisation of the Prosecutor’s Office
Article 7 - System of the Prosecutor’s Office
1. The following shall form the system of the Prosecutor’s Office: the Chief Prosecutor’s Office of Georgia (‘Chief Prosecutor’s Office’), the Prosecutor’s Offices of the Autonomous Republics of Abkhazia and Ajara, the Prosecutor’s Office of the city of Tbilisi, District Prosecutors’ Offices, Regional Prosecutors’ Offices, and Specialised Prosecutors’ Offices where provided for by Article 1(3)of this Law. The term of office of prosecutors of a Specialised Prosecutor’ Office shall be limited to the term of authority of the Specialised Prosecutor’s Office.
2. On the recommendation of the Chief Prosecutor, the Minister of Justice shall approve the structure and the number of positions on the staff list for bodies of the Prosecutor’s Office.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 8 - Scope of authority of the Ministry of Justice of Georgia
1. For the purposes of this Law, the Minister of Justice shall:
a) form and dissolve bodies of the Prosecutor’s Office, define their territorial scope and lay down the scope of authority of structural units, on the recommendation of the Chief Prosecutor;
a1) preside over the Prosecutorial Council;
a2) present candidates for the Chief Prosecutor to the Prosecutorial Council for approval;
a3) on behalf of the Prosecutorial Council, present a candidate for the Chief Prosecutor approved by the Prosecutorial Council to the Government of Georgia to obtain consent;
a4) in the case provided for in Article 81(6)(c) of this Law, sign an application for dismissing the Chief Prosecutor;
b) issue normative and individual legal acts – orders, instructions and directives based on and for the enforcement of law;
c) approve criminal policy guidelines, taking into consideration the priority of human rights and freedoms, on the recommendation of the Chief Prosecutor;
d) approve regulations of the bodies of the Prosecutor’s Office and their structural units, and the procedure for internship at the bodies of the Prosecutor’s Office, on the recommendation of the Chief Prosecutor;
d1) upon request of the Chief Prosecutor, may order an additional qualification exam for the employees of the Prosecutor’s Office;
e) approve the Code of Ethics of employees of the Prosecutor’s Office, on the recommendation of the Chief Prosecutor;
f) approve salaries of employees of the Prosecutor’s Office, within the limit of the allocated payroll, on the recommendation of the Chief Prosecutor;
g) formulate proposals on funding and logistic support of the Prosecutor’s Office, on the recommendation of the Chief Prosecutor;
h) request from the bodies of the Prosecutor’s Office the materials of relevant criminal cases that are needed to represent the State of Georgia before the European Court of Human Rights, other international courts, tribunals and courts of arbitration;
i) review complaints and applications of natural and legal persons, within his/her scope of authority;
j) exercise other powers vested in him/her by the legislation of Georgia.
2. The Minister of Justice shall not interfere in the actions performed and decisions made by the Prosecutor’s Office concerning investigation of individual criminal cases or criminal prosecution.
3. If the Minister of Justice is absent or his/her powers have been terminated, the powers under the first paragraph of this article shall be exercised by the First Deputy Minister of Justice, and if the First Deputy Minister of Justice is absent or his/her powers have been terminated – by one of the Deputy Ministers of Justice.
4. An order or any other act of the Minister of Justice may be appealed to a court on the grounds of incompatibility with the Constitution or laws of Georgia.
Law of Georgia No 1017 of 27 February 2009 – LHG I, No 4, 12.3.2009, Art. 17
Law of Georgia No 6550 of 22 June 2012 – website, 29.6.2010
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Article 81 - Prosecutorial Council
1. In order to ensure independence and transparency of the Prosecutor’s Office and to fulfil its functions efficiently, an independent collegial body – the Prosecutorial Council – shall be established with the Ministry of Justice of Georgia.
2. The Prosecutorial Council shall consist of 15 members. Members of the Prosecutorial Council shall be as follows:
a) the Minister of Justice – the chairperson of the Prosecutorial Council;
b) eight members of the Prosecutorial Council, who are elected by the Conference of Prosecutors of Georgia under Article 82 of this Law and at least one fourth of whom is of different gender;
c) two members of the Parliament of Georgia, one of whom is elected by the parliamentary majority from among its members, and the other is elected by the members of parliament, who are outside the parliamentary majority, from among those members of parliament that are not part of the parliamentary majority, as determined by the Rules of Procedure of the Parliament of Georgia; if a parliamentary majority has not been established, both members of the Prosecutorial Council shall be elected by the Parliament from among members of parliament, by majority of its total membership, as determined by the Rules of Procedure of the Parliament of Georgia;
d) two members of the Prosecutorial Council, who are elected by the High Council of Justice of Georgia from among the judges of common courts who have at least 5 years’ experience of working as a judge of common courts as determined by its Regulations;
e) two members of the Prosecutorial Council, who are elected by the Parliament of Georgia by majority of its total membership as determined by the Rules of Procedure of the Parliament of Georgia. Candidates for membership of the Prosecutorial Council shall be selected under the terms and established procedure for electing candidates for membership of the High Council of Justice of Georgia as determined under Article 47(5), (6) of the Organic Law of Georgia on Common Courts.
3. The term of office for members of the Prosecutorial Council specified in paragraph 2(b-e) of this article shall be four years. If a member of the Prosecutorial Council defined in paragraph 2(b) of this article has taken up one of the posts specified in Article 82(7) of this Law, his/her powers of a member of the Prosecutorial Council shall be terminated; and if his/her official powers are terminated before expiry of this term, the question of leaving him/her on the Prosecutorial Council or terminating his/her powers of a member of the Prosecutorial Council shall be resolved by the Prosecutorial council. Powers of a member of the Prosecutorial Council shall be prematurely terminated for members of the Prosecutorial Council defined in paragraph 2(c-d) of this article upon termination of their official powers. Members of the Prosecutorial Council specified in paragraph 2(b-e) of this article act under their personal responsibility and are not accountable to the body that elected them. Exercising any influence on them shall be prohibited.
31. The same person may not be elected as member of the Prosecutorial Council defined under paragraph 2(b-e) of this article for two consecutive terms. A member of the Prosecutorial Council may not exercise powers of member of the Prosecutorial Council after expiration of his/her term of powers. A new member of the Prosecutorial Council shall be elected not earlier than thirty calendar days before, and not later than seven calendar days after expiration of powers of a respective member of the Prosecutorial Council, and in case his/her powers are prematurely terminated, a new member of the Prosecutorial Council shall be elected not later than one month from the day when powers of the respective member of the Prosecutorial Council are prematurely terminated. If during election of a new member of the Prosecutorial Council by the Parliament of Georgia these time limits coincide, fully or partially, with the inter-sessional period of the Parliament of Georgia, the process of electing the new member of the Prosecutorial Council, if necessary, shall consequently start or continue on an extraordinary session upon commencement or before commencement of a regular session.
4. A member of the Prosecutorial Council provided for by paragraph 2(b) of this article may be a prosecutor or an investigator of the Prosecutor’s Office who has at least five years’ experience of working as a lawyer, including at least three years’ experience of working as a prosecutor or as an investigator of the Prosecutor’s Office.
5. Members of the Prosecutorial Council shall not receive remuneration for their activities.
6. Powers of the Prosecutorial Council shall be to:
a) approve a candidate for the Chief Prosecutor, within the scope of its authority;
b) appoint a special (ad hoc) prosecutor under the procedure established by Article 92 of this Law;
c) approve the report of the special (ad hoc) prosecutor if there is a probable cause that the Chief Prosecutor has committed a crime, and, within the scope of its authority, submit an application to the Parliament of Georgia for the premature removal of the Chief Prosecutor from office;
d) conduct disciplinary proceedings against the Chief Prosecutor and his/her deputies;
e) resolve a question of whether to apply a disciplinary measure to a member of the Prosecutorial Council that is elected by the Conference of Prosecutors of Georgia under the procedure established by this Law;
f) hear a report of the Chief Prosecutor/Deputy Chief Prosecutor on the activities of the agencies the Prosecutor’s Office, which concerns the crime combating policy, statistical data, protection of human rights and freedoms in the course of legal proceedings, issues of high public interest, areas of priority of the Prosecutor’s Office, professional retraining and development programmes for prosecutors, and which does not cover matters related to the investigation of a specific criminal case, its hearing in a court and/or specific circumstances of the case, at least once every six months, or by decision of the majority of members of the Council – without delay;
g) produce recommendations on issues provided for in subparagraph (f) of this paragraph and submit them to the Chief Prosecutor;
h) submit recommendations to the Chief Prosecutor on the criminal policy, and on legal issues that are related to the activities of the Prosecutor’s Office and that are important for the development of law and the establishment of uniform practices;
i) make a decision on the issue specified in paragraph 3 of this article.
7. The Prosecutorial Council shall not interfere with the exercise of investigative and prosecutorial powers by the employees of the Prosecutor’s Office.
8. The Prosecutorial Council shall meet at least once in every six months upon convocation by the Minister of Justice, or by request of at least one third of the full composition of the Prosecutorial Council; the request must be complied with immediately. The Prosecutorial Council shall be duly constituted if more than half of its full composition is present at the meeting.
9. Unless otherwise provided for by this Law, a decision of the Prosecutorial Council shall be deemed adopted if it is voted for by majority of the Prosecutorial Council members present at the Council’s meeting.
10. If after examination of a case by the Prosecutorial Council the disciplinary misconduct of the Chief Prosecutor is confirmed, the Prosecutorial Council shall make a decision to impose a disciplinary liability on the Chief Prosecutor. Disciplinary measures provided for under Article 38(5)(b,d) of this Law may only be applied to the Chief Prosecutor. In addition, a disciplinary measure provided for under Article 38(5)(d) of this Law shall be applied to the Chief Prosecutor as determined by Article 92(13) of this Law.
11. If after examination of a case by the Prosecutorial Council the disciplinary misconduct of a Deputy Chief Prosecutor is confirmed, the Prosecutorial Council shall make a decision to impose a disciplinary liability on the Deputy Chief Prosecutor.
12. Before the Prosecutorial Council makes a decision to impose a disciplinary measure, the Chief Prosecutor/ Deputy Chief Prosecutor has the right to appear before the Prosecutorial Council to provide explanation and submit information confirming his/her position.
13. The Prosecutorial Council shall make a decision to impose a disciplinary measure through secret ballot by at least two-thirds of the full composition of the Prosecutorial Council.
14. The Prosecutorial Council shall issue decrees with respect to matters falling within its authority.
15. The Chief Prosecutor may participate in the Prosecutorial Council’s meetings with a consultative vote, except when the issue of his/her premature removal from office or his/her disciplinary misconduct is examined at the meeting under the procedure established by Article 92 of this Law.
16. The Prosecutorial Council has its own web-site.
17. Rules of procedure of the Prosecutorial Council shall be established by the Statute of the Prosecutorial Council, which is approved by the Minister of Justice.
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Law of Georgia No 4334 of 16 October 2015 – website, 19.10.2015
Article 82 – Conference of Prosecutors of Georgia
1. The Conference of Prosecutors of Georgia is a meeting of prosecutors and investigators of the Prosecutor’s Office, which is authorised to elect members to the Prosecutorial Council.
2. In its activities the Conference of Prosecutors of Georgia shall be guided by this Law and the Regulations of the Conference of Prosecutors of Georgia approved by the Conference of Prosecutors of Georgia.
3. The Conference of Prosecutors of Georgia shall be convened when necessary, by the Chief Prosecutor, to exercise powers determined by this Law. The Chief Prosecutor and in his/her absence the first Deputy Chief Prosecutor shall be the Chairperson of the Conference of Prosecutors of Georgia.
4. The Conference of Prosecutors of Georgia is duly constituted to consider a question and adopt a decision if more than half of the prosecutors and investigators of the Prosecutor’s Office are present at the meeting of the Conference of Prosecutors of Georgia.
5. The Conference of Prosecutors of Georgia shall adopt decisions through secret ballot by majority of the prosecutors and investigators of the Prosecutor’s Office present at the meeting of the Conference of Prosecutors of Georgia.
6. Before the Conference of Prosecutors of Georgia, initiative groups of at least 30 persons consisting of prosecutors and investigators of the Prosecutor’s Office shall be registered at the Chairperson of the Conference. One representative from each initiative group, together with the Chairperson of the Conference of Prosecutors of Georgia, shall comprise the Administrative Committee of the Conference of Prosecutors of Georgia. The Administrative Committee of the Conference of Prosecutors of Georgia shall, along with fulfilling other organisational functions, exercise powers of the Election Committee of the Conference of Prosecutors of Georgia. A prosecutor/investigator of the Prosecutor’s Office may be a member of only one initiative group. An initiative group may nominate no more than two candidates for membership of the Prosecutorial Council.
7. A candidate for membership of the Prosecutorial Council may not be the Chief Prosecutor, the first Deputy Chief Prosecutor, and a Deputy Chief Prosecutor, a head of a department of the Chief Prosecutor’s Office, a prosecutor of the Autonomous Republic of Abkhazia, and a prosecutor of the Autonomous Republic of Ajara, a prosecutor of Tbilisi city or a Regional Prosecutor.
8. The Conference of Prosecutors of Georgia shall elect members of the Prosecutorial Council according to the following quota:
a) three members shall be elected from among the representatives of the Chief Prosecutor’s Office;
b) one member shall be elected from among the representatives of Prosecutor’s Offices of the Autonomous Republics of Abkhazia and Ajara;
c) three members shall be elected from among the representatives of Regional Prosecutor’s Offices located in the territory of East Georgia (Kakheti, Samtskhe-Javakheti, Kvemo Kartli, Shida Kartli and Mtskheta-Mtianeti), Tbilisi city Prosecutor’s Office and District Prosecutor’s Offices;
d) one member shall be elected from among the representatives of Regional and District Prosecutor’s Offices located in the territory of West Georgia (West Georgia, Samegrelo-Zemo Svaneti).
9. Voting for each vacancy of a member of the Prosecutorial Council according to the quota defined under paragraph 8 of this article shall take place separately. The Administrative Committee of the Conference of Prosecutors of Georgia shall, by way of drawing lots, determine the order of electing members of the Prosecutorial Council to the vacant positions according to the quota. If after the election of members of the Prosecutorial Council to the first six vacant positions it becomes clear that representatives of the same gender have been elected as members of the Prosecutorial Council, or after the election of members of the Prosecutorial Council to the first seven vacant positions it becomes clear that six members of the Prosecutorial Council represent the same gender and one member represents a different gender, only a representative of the different gender may be elected to the remaining two or one vacant position (as the case may be).
10. A candidate who receives the majority of votes of the prosecutors and investigators of the Prosecutor’s Office present at the meeting of the Conference of the Prosecutors of Georgia shall be considered to be elected to a vacant position of a member of the Prosecutorial Council.
11. If none of the candidates receives the number of votes that is sufficient for the election to a vacant position of a member of the Prosecutorial Council, two candidates with the best results for this vacant position shall be put to vote in the second round of the elections. If yet none of the candidates receives the sufficient number of votes, nomination of candidates and voting shall be repeated.
12. If two or more candidates receive an equal number of votes, these candidates shall be put to a repeat vote.
13. The issues related to the election of members to the Prosecutorial Council by the Conference of the Prosecutors of Georgia that are not regulated under this Law shall be defined under the Regulations of the Conference of Prosecutors of Georgia.
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Article 83 - Special (ad hoc) Prosecutor
1. A special (ad hoc) prosecutor shall be appointed in the case specified in Article 92(1) of this Law who exercises powers defined by the same Article.
2. When carrying out his/her activities, a special (ad hoc) prosecutor shall be guided by the Constitution of Georgia, the Criminal Procedure Code of Georgia, this Law and other relevant legislative and subordinate normative acts of Georgia.
3. A special (ad hoc) prosecutor shall be accountable only to the Prosecutorial Council.
4. The Ministry of Justice of Georgia shall allocate appropriate financial and material resources to the special (ad hoc) prosecutor for exercising powers provided for by Article 92 of this Law.
5. A special (ad hoc) prosecutor may be a citizen of Georgia with higher legal education and with no record of convictions, who is a former judge reviewing criminal cases, or a former prosecutor or a lawyer specialised in general or criminal law, who has at least five years’ experience of working respectively as a judge, or as a prosecutor, or as a recognised specialist in criminal law from a higher institution or a civil society organisation, and who has at least 10 years’ experience of working in the legal profession. A candidate for a special (ad hoc) prosecutor must have high reputation due to his/her moral and professional qualities.
6. A special (ad hoc) prosecutor’s term of office shall be terminated by decision of the Prosecutorial Council.
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Article 9 - Chief Prosecutor’s Office
1. The Chief Prosecutor’s Office is headed by the Chief Prosecutor. The term of office of the Chief Prosecutor is six years. The same person may not be elected as the Chief Prosecutor for two consecutive terms.
11. The Chief Prosecutor may be a citizen of Georgia with higher legal education and with no record of convictions, who has at least five years’ experience of working as a judge reviewing criminal cases, or as a prosecutor or as a criminal lawyer specialised in general or criminal law, or who is a recognised specialist in criminal law from a higher institution or a civil society organisation, and has at least 10 years’ experience of working in the legal profession. A candidate for the Chief Prosecutor must have high reputation due to his/her moral and professional qualities.
12. The question of criminal or disciplinary liability of the Chief Prosecutor may be raised only after the procedures provided for by this Law have been carried out.
2. The Chief Prosecutor shall have a first deputy and deputies whom the Chief Prosecutor shall appoint to and remove from office.
3. The Chief Prosecutor shall:
a) organise and supervise the activities of the Prosecutor’s Office. He/she shall be responsible for the activities of the Prosecutor’s Office;
b) appoint to and remove from office the Prosecutors of the Autonomous Republics of Abkhazia and Ajara, the Prosecutor of the city of Tbilisi, and regional prosecutors, other subordinate prosecutors, investigators and other employees of the Prosecutor’s Office;
c) define the functional duties of his/her first deputy and deputies, as well as of the bodies of the Prosecutor’s Office and their structural units;
d) conduct criminal prosecution in the manner provided for by law, where a crime has been committed by the President of Georgia, the Prime Minister, any other member of the Government of Georgia, the Chairperson of the Parliament of Georgia, a member of the Parliament of Georgia, the Chairperson of the Supreme Court of Georgia, a judge of the common courts of Georgia, the Chairperson of the Constitutional Court of Georgia, a member of the Constitutional Court of Georgia, the Public Defender of Georgia, the General Auditor, the President of the National Bank of Georgia, a member of the Board of the National Bank of Georgia, an Ambassador Extraordinary and Plenipotentiary and an Envoy Extraordinary and Minister Plenipotentiary of Georgia, an incumbent high-ranking military or top special rank officer, or a person equated with him/her, a prosecutor, an investigator of the Prosecutor’s Office or an advisor to the Prosecutor’s Office;
e) appoint a specially authorised prosecutor who, according to the Law of Georgia on Counterintelligence, reviews motions of a special agency carrying out counterintelligence activities and of the Counter-Terrorist Centre of the State Security Service of Georgia on conducting technical investigation measures;
f) appoint a specially authorised prosecutor who files a motion in court to recognise an organisation as a terrorist organisation;
f1) convene and preside over the Conference of Prosecutors;
g) represent the Prosecutor’s Office before higher state authorities of Georgia, as well as in relations with international organisations and law-enforcement bodies of foreign states;
h) issue individual legal acts – orders, instructions and directives based on and for the enforcement of law;
i) repeal unlawful orders, instructions and directives issued by subordinate prosecutors;
j) decide matters relating to the application of disciplinary measures to employees of the Prosecutor’s Office, except for the case specified in Article 81(6)(e) of this Law;
k) submit criminal policy guidelines to the Minister of Justice for approval;
l) submit draft legal acts for forming or dissolving bodies of the Prosecutor’s Office, defining their territorial scope and the scope of authority of their structural units to the Minister of Justice for approval;
m) submit the regulations of the bodies of the Prosecutor’s Office and their structural units, and the procedure for undergoing internship at the bodies of the Prosecutor’s Office to the Minister of Justice for approval;
n) submit the Code of Ethics of Employees of the Prosecutor’s Office to the Minister of Justice for approval;
o) within the allocated payroll, submit salaries of employees of the Prosecutor’s Office to the Minister of Justice for approval;
p) within his/her scope of authority, grant special state titles to officers of the Prosecutor’s Office and deprive them of such titles, as determined by law;
q) develop proposals on funding and logistic support of the Prosecutor’s Office and submit them to the Minister of Justice;
r) develop information security measures;
s) ensure statistical reporting, manage generalisation and improvement of prosecution and investigation practices, disseminate advanced practices and scientific and technical applications, and introduce them into practice;
s1) at least once every six months, or – by decision of the majority of members of the Prosecutorial Council – without delay, present to the Prosecutorial Council a report on the activities of the agencies of the Prosecutor’s Office, which concerns the crime combating policy, statistical data, protection of human rights and freedoms in the course of legal proceedings, issues of high public interest, priority areas of the Prosecutor’s Office activity, professional retraining and development programmes for prosecutors, and which does not cover matters related to the investigation of a specific criminal case, its hearing in a court and/or specific circumstances of the case;
t) set up advisory boards to facilitate the activities of the Prosecutor’s Office;
u) review complaints and applications from natural and legal persons;
v) exercise other powers vested in him/her under the legislation of Georgia.
4. If the Chief Prosecutor is absent or his/her powers have been terminated, his/her duties shall be discharged by the First Deputy Chief Prosecutor, and if the First Deputy Chief Prosecutor is absent or his/her powers have been terminated, his/her powers shall be discharged by one of the deputies designated by the Chief Prosecutor.
41. The procedures provided for by this Law for appointment to the Chief Prosecutor’s position shall begin six months before the term of office of the Chief Prosecutor expires, and if the term of office of the Chief Prosecutor is prematurely terminated – upon termination of powers.
5. An order or any other act of the Chief Prosecutor may be appealed to a court on the grounds of incompatibility with the Constitution or law of Georgia.
6. The Chief Prosecutor’s Office shall be comprised of departments, divisions and other structural units and sub-units that shall have heads and may have deputy heads of structural units (sub-units), prosecutors for cases of extraordinary significance, senior prosecutors, forensic prosecutors, prosecutors, senior investigators for cases of extraordinary significance, investigators for cases of extraordinary significance, advisors and specialists.
Law of Georgia No 1017 of 27 February 2009 – LHG I, No 4, 12.3.2009, Art. 17
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Law of Georgia No 1267 of 20 September 2013 – website, 8.10.2013
Law of Georgia No 3941 of 8 July 2015 – website, 15.7.2015
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Article 91 – Procedure for appointment to office of the Chief Prosecutor
1. At least six months before the term of office of the Chief Prosecutor expires, or in the case of termination of powers of the Chief Prosecutor – without delay, the Minister of Justice shall start consultations with academic circles, members of civil society and law specialists to select candidates for the position of the Chief Prosecutor. The consultations shall be conducted during one month. Based on the consultations, the Minister shall select and present to the Prosecutorial Council for approval at least three candidates for the Chief Prosecutor’s position where at least one third has to be of a different gender. The recommendation concerning the candidates for the Chief Prosecutor’s position shall be well-reasoned.
2. The candidates for the Chief Prosecutor’s position nominated by the Minister of Justice shall be voted for individually at the meeting of the Prosecutorial Council. The voting shall be secret. The candidate who receives more votes but at least two thirds of the full composition of the Prosecutorial Council shall be deemed approved. If votes are equally divided between two or more candidates, the chairperson of the Prosecutorial Council shall have the casting vote. If none of the candidates receives the required number of votes, the two candidates with the best results shall be put to vote in the second round. If yet neither of the candidates receives support of two thirds of the full composition of the Prosecutorial Council, the Minister of Justice shall nominate, within one week, different candidates under the procedure established by paragraph 1 of this article.
3. The Minister of Justice shall immediately present the candidate for the Chief Prosecutor’s position approved by the Prosecutorial Council to the Government of Georgia to obtain its consent. The Government of Georgia shall, within two weeks, give or refuse its consent to the candidate for the Chief Prosecutor’s position. If the Government of Georgia does not give its consent to the candidate for the Chief Prosecutor’s position, the Minister of Justice shall present to the Government of Georgia another candidate approved by the Prosecutorial Council under the procedure established by paragraphs 1 and 2 of this article.
4. If the Government of Georgia gives its consent to the candidate for the Chief Prosecutor’s position presented by the Minister of Justice, the candidate shall immediately be presented to the Parliament of Georgia. The Parliament of Georgia shall, according to the procedure established under the Rules of Procedure of the Parliament of Georgia, by secret ballot and by majority of its full composition, elect the Chief Prosecutor.
5. If the Parliament of Georgia does not support the candidate for the Chief Prosecutor’s position presented by the Government of Georgia, the procedure determined by paragraphs (1–4) of this article shall be repeated.
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Article 92 - Procedure for premature removal of the Chief Prosecutor from office
1. If there is a sufficient ground to assume that the Chief Prosecutor has committed a crime, the Prosecutorial Council shall, at the initiative of one or more members of the Prosecutorial Council, discuss the appropriateness of appointing a special (ad hoc) prosecutor. The Prosecutorial Council may also discuss the appropriateness of appointing a special (ad hoc) prosecutor upon the petition of at least one third of the full composition of the Parliament of Georgia.
2. A candidate for a special (ad hoc) prosecutor may be nominated by any member of the Prosecutorial Council. The Prosecutorial Council shall make a decision to appoint a person as a special (ad hoc) prosecutor through secret ballot by majority of the full composition of the Prosecutorial Council. If the majority of the full composition of the Prosecutorial Council considers that there is no sufficient ground to assume that the Chief prosecutor has committed a crime, it shall refuse to appoint a special (ad hoc) prosecutor. The refusal of the Prosecutorial Council to appoint a special (ad hoc) prosecutor shall be substantiated.
3. Information concerning the alleged commission of a crime by the Chief Prosecutor must be reliable and convincing. The Prosecutorial Council shall, before resolving the issue of appointing a special (ad hoc) prosecutor, invite the author of the information to its meeting and take explanations from him/her, and from any person that can confirm or reject the information about the alleged crime. The Prosecutorial Council is authorised to require that these persons provide the documentation, if any, confirming their position.
4. The Prosecutorial Council shall, before appointing a special (ad hoc) prosecutor, and before approving the report of the special (ad hoc) prosecutor, hear the explanations of the Chief Prosecutor. The Chief Prosecutor is authorised to present to the Prosecutorial Council the information supporting his/her position, and enjoy the right to defence and to be represented in the review of the issue.
5. A special (ad hoc) prosecutor shall prepare and, within two months of his/her appointment, submit a report to the Prosecutorial Council on whether there is a probable cause that the Chief Prosecutor has committed a crime. Upon request of the special (ad hoc) prosecutor, and with the consent of the majority of the members of the Prosecutorial Council, this time limit may be extended for a maximum of two months.
6. Taking into account paragraph 7 of this article, a special (ad hoc) prosecutor shall exercise all powers when performing his/her duties, and shall have all the obligations that a prosecutor has and are imposed on him/her at the investigation stage based on the Criminal Procedure Code of Georgia, this Law and other applicable legislative and subordinate normative acts of Georgia.
7. The Chief prosecutor may be subjected to such an investigative action which, according to the Criminal Procedure Code of Georgia, is carried out by a court ruling. In this case, the special (ad hoc) prosecutor shall file a motion with the Chamber of Criminal Cases of the Supreme Court of Georgia. The Chamber shall consider the motion under the procedure established by the Criminal Procedure Code of Georgia and issue a ruling on granting or dismissing the motion.
8. A special (ad hoc) prosecutor shall provide the Chief Prosecutor with his/her report and copies of the accompanying material not later than ten days before submitting them to the Prosecutorial Council. The Chief Prosecutor may submit to the Prosecutorial Council explanations and information confirming his/her position.
9. If, according to the report of the special (ad hoc) prosecutor, there is a probable cause that the Chief Prosecutor has committed a crime, the Prosecutorial Council shall, through secret ballot and by at least two thirds of its full composition, approve the report of the special (ad hoc) prosecutor, and shall apply to the Parliament of Georgia for the premature removal of the Chief Prosecutor from office. The application shall be accompanied by the report of the special (ad hoc) prosecutor and other necessary material. If the Prosecutorial Council does not approve the report of the special (ad hoc) prosecutor on the availability of a probable cause of committing a crime by the Chief Prosecutor by majority of at least two thirds of its full composition, the matter shall be deemed to be removed from the Prosecutorial Council’s agenda. If the probable cause that the Chief Prosecutor has committed a crime is not confirmed in the report of the special (ad hoc) prosecutor, the Prosecutorial Council may still reject such a report of the special (ad hoc) prosecutor by majority of at least two thirds of its full composition. In this case it shall be deemed that there is a probable cause that the Chief Prosecutor has committed a crime, and the Prosecutorial Council shall apply to the Parliament of Georgia for the premature removal of the Chief Prosecutor from office.
10. Upon approval of the special (ad hoc) prosecutor’s report by the Prosecutorial Council, or if the Prosecutorial Council believes that there is a probable cause that the Chief Prosecutor has committed a crime, and it rejects the report of the special (ad hoc) prosecutor by majority of at least two thirds of its full composition, powers of the Chief Prosecutor shall be suspended until the Parliament of Georgia adopts a decision on the issue of his/her premature removal from office.
11. The Parliament of Georgia shall discuss and put to vote the recommendation of the Prosecutorial Council for the premature removal of the Chief Prosecutor from office. The appropriate decision shall be deemed adopted if it is voted for by majority of the full composition of the Parliament of Georgia. If the Parliament of Georgia fails to adopt the decision to prematurely remove the Chief Prosecutor from office, the matter shall be deemed to be removed from the Parliament’s agenda.
12. A report of a special (ad hoc) prosecutor is a public document and shall be published on the Prosecutorial Council’s website without disclosing the personal data of a third person.
13. The Chief Prosecutor may also be prematurely removed from office if the Prosecutorial Council, after having examined the case, confirms that the Chief Prosecutor has committed a disciplinary offence. In this case, the Prosecutorial Council and the Parliament of Georgia shall adopt the appropriate decisions in the order and in the manner established under this article, with the exception that a special (ad hoc) prosecutor is not appointed when a disciplinary offence is committed. During the course of the Chief Prosecutor’s premature removal from office on the basis of disciplinary proceedings, the Prosecutorial Council shall elect a speaker from among its members by at least two thirds of its full composition.
14. If the Parliament of Georgia prematurely removes the Chief Prosecutor from office on the grounds of a probable cause that the Chief Prosecutor has committed a crime, or on the grounds of a disciplinary offence, and thereafter criminal prosecution of the Chief Prosecutor are not initiated or are terminated after his/her premature removal from office due to absence of an act or omission under the criminal law, or due to presence of a circumstance excluding illegality of the act or omission, or if the court has not declared the former Chief Prosecutor guilty of the crime for which he/she was prematurely removed from office, and/or if the court has declared void the decision of the Prosecutorial Council to impose a disciplinary measure on the Chief Prosecutor, the former Chief Prosecutor may apply to a court with a request to receive a compensation for the lost salary he/she would receive during the period of his/her remaining term of office. Filing of an action with the court by the Chief Prosecutor for declaring the decision of the Prosecutorial Council void shall not suspend the validity of this decision.
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Article 93 – Other grounds for the premature removal of the Chief Prosecutor from office
1. Except when the Parliament of Georgia prematurely removes the Chief Prosecutor under the procedure established by Article 92 of this Law due to presence of a probable cause that the Chief Prosecutor has committed a crime or on the grounds of a disciplinary offence, the grounds for the premature removal of the Chief Prosecutor from office shall also be:
a) a personal application;
b) deterioration of the health condition or a chronic disease, which makes him/her unable to no longer fulfil official duties;
c) election or appointment to legislative, executive, judicial, or local self-governing bodies, or other cases of incompatibility of duties;
d) presence of a circumstance under Article 33(b-c) of this Law;
e) termination of citizenship of Georgia;
f) death.
2. In the cases provided for in paragraph 1(a,c,e,f) of this article, the Chief Prosecutor shall be deemed prematurely removed from office from the moment when an appropriate circumstance starts to exist. The Prosecutorial Council and the Parliament of Georgia shall immediately be informed of the premature removal of the Chief Prosecutor from office.
3. In the cases provided for in paragraph 1(b,d) of this article, the Chief Prosecutor shall be prematurely removed from office by decision of the Parliament of Georgia, which is adopted by majority of the full composition of the Parliament.
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Article 10 - Prosecutor’s Offices of the Autonomous Republics of Abkhazia and Ajara
1. The Prosecutor’s Offices of the Autonomous Republics of Abkhazia and Ajara shall be headed by the Prosecutors of the Autonomous Republics of Abkhazia and Ajara who shall be appointed to and removed from office by the Chief Prosecutor.
2. Prosecutors of the Autonomous Republics of Abkhazia and Ajara shall have deputies who shall be appointed to and removed from office by the Chief Prosecutor.
3. The Prosecutor’s Offices of the Autonomous Republics of Abkhazia and Ajara shall be comprised of divisions and other structural units that shall have heads and may have deputy heads of structural units, senior prosecutors, forensic prosecutors, senior investigators, investigators, advisors and specialists.
4. Employees of the Prosecutor’s Offices of the Autonomous Republics of Abkhazia and Ajara shall be appointed to and removed from office by the Chief Prosecutor.
5. Within the scope of their authority, Prosecutors of the Prosecutor’s Offices of the Autonomous Republics of Abkhazia and Ajara shall issue individual legal acts – orders that shall be binding on the prosecutors subordinate to them and other employees of the Prosecutor’s Office.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 11 - Prosecutor’s Office of the City of Tbilisi and Regional Prosecutor’s Offices
1. The Prosecutor’s Office of the City of Tbilisi and a Regional Prosecutor’s Office shall be headed by the Prosecutor of the City of Tbilisi and a regional prosecutor, respectively, who shall be appointed to and removed from office by the Chief Prosecutor.
2. Regional Prosecutor’s Offices shall be created based on a territorial principle. The Minister of Justice shall, on the recommendation of the Chief Prosecutor, define the territorial jurisdiction of a Regional Prosecutor’s Office.
3. The Prosecutor of the City of Tbilisi and regional prosecutors shall have deputies who shall be appointed to and removed from office by the Chief Prosecutor.
4. The Prosecutor’s Office of the City of Tbilisi and Regional Prosecutor’s Offices shall be comprised of divisions and other structural units that shall have heads and may have deputy heads of structural units, senior prosecutors, forensic prosecutors, prosecutors, senior investigators, investigators, advisors and specialists.
5. Employees of the Prosecutor’s Office of the city of Tbilisi and Regional Prosecutor’s Offices shall be appointed to and removed from office by the Chief Prosecutor.
6. The Prosecutor of the City of Tbilisi and regional prosecutors, within their scope of authority, shall issue individual legal acts – orders which shall be binding on employees of the Prosecutor’s Office subordinate to them.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 12 - District Prosecutor’s Offices
1. District Prosecutor’s Offices shall be headed by respective district prosecutors who shall be appointed to and removed from office by the Chief Prosecutor.
2. District Prosecutor’s Offices shall be created based on the territorial principle. The Minister of Justice shall, on the recommendation of the Chief Prosecutor, define the territorial jurisdiction of a District Prosecutor Office.
3. District prosecutors may have deputies who shall be appointed to and removed from office by the Chief Prosecutor.
4. District Prosecutor’s Offices shall have prosecutors, heads of administration, and may have specialists who shall be appointed to and removed from office by the Chief Prosecutor.
5. District prosecutors, within their scope of authority, shall issue individual legal acts – orders that shall be binding on the officers of the Prosecutor’s Office subordinate to them.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 13 – Forms of subordination of a subordinate prosecutor to a superior prosecutor
1. Subordination of a subordinate prosecutor to a superior prosecutor shall imply that:
a) the instructions given by a superior prosecutor to a subordinate prosecutor on the organisation and activities of the Prosecutor’s Office shall be binding;
b) a subordinate prosecutor shall report to a superior prosecutor when discharging his/her official duties;
c) a superior prosecutor may, if necessary, exercise the powers of a subordinate prosecutor or assign his/her own certain powers to a subordinate prosecutor;
d) a superior prosecutor may repeal and amend a subordinate prosecutor’s decisions and acts or replace them with other decisions and acts;
e) a superior prosecutor shall review complaints against a subordinate prosecutor’s decisions and acts;
f) a subordinate prosecutor shall submit reports of his/her activity, information, cases and materials to a superior prosecutor.
2. The Chief Prosecutor may introduce other forms of subordination of a subordinate prosecutor to a superior prosecutor that are not in conflict with the Constitution of Georgia and this Law.
3. A subordinate prosecutor and any other employee of the Prosecutor’s Office shall comply with lawful requests and instructions of a superior prosecutor.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Chapter III - Areas of Activity of the Prosecutor’s Office
Article 14 – Conducting criminal prosecution
1. The Prosecutor’s Office shall conduct criminal prosecution in the manner and to the extent provided for by the criminal procedure legislation.
2. To ensure criminal prosecution, the Prosecutor’s Office shall provide procedural guidance at the investigation stage.
Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332
Article 15 - Investigations
In the cases and according to the procedure provided for by the criminal procedure legislation, the Prosecutor’s Office shall conduct investigations to the full extent and can carry out criminal investigation activity on crimes and other illegal acts.
Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332
Article 16 - Supervision over strict and uniform observance of the law during the activities of criminal investigation authorities
1. To ensure strict and uniform observance of criminal intelligence legislation by criminal investigation authorities, a prosecutor shall supervise the legitimacy of criminal investigation measures performed by the criminal investigation authorities and of the decisions made by such authorities in the course of such activities.
2. The legitimacy and substantiation of a judge’s order for conducting, prolonging or terminating a criminal investigation measure shall not be a subject of prosecutorial supervision.
3. The data on a person, who is providing or has provided confidential assistance to, is cooperating or has cooperated with, criminal investigation authorities, as well as tactics and organisation of obtaining criminal intelligence information, and analysis of criminal investigation cases and the classified part of criminal intelligence records shall not be the subject of prosecutorial supervision.
4. The following persons shall have the right to view cases under criminal intelligence analysis and the classified materials of criminal intelligence records: the Chief Prosecutor, his/her first deputy and deputies, heads and deputy heads of relevant structural units of the Chief Prosecutor’s Office, prosecutors of the Autonomous Republics of Abkhazia and Ajara and their deputies, regional prosecutors and their deputies, the Prosecutor of the City of Tbilisi and his/her deputies, and district prosecutors within their territorial jurisdiction, as well as other prosecutors designated by the Chief Prosecutor, his/her first deputy and deputies, prosecutors of the Autonomous Republics of Abkhazia and Ajara, regional prosecutors, the Prosecutor of the City of Tbilisi and district prosecutors.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 17 - Protecting the rights of persons and discharging procedural duties in places of detention and penitentiary institutions
1. A prosecutor may:
a) conduct inspections, to fulfil the requirements of the law, in places of detention and penitentiary institutions and other facilities executing penitentiary functions or other enforcement measures administered by the court;
b) enter relevant facilities at any time to exercise the powers under subparagraph (a) of this paragraph;
c) question detainees, prisoners, convicts and persons upon whom coercive measures have been imposed;
d) view documents based on which persons have been detained, imprisoned, are serving sentences or have been imposed coercive measures;
e) take immediate measures to release any unlawfully detained, or imprisoned person or a person upon whom other coercive measures have been imposed.
2. A prosecutor shall exercise other powers provided for by the legislation of Georgia.
Law of Georgia No 2700 of 9 March 2010 – LHG I, No 12, 24.3 .2010, Art.47
Law of Georgia No 3550 of 1 May 2015 – website 18.05.2015
Article 18 - Prosecutor acting as a public prosecutor
1. In the court of first instance a prosecutor shall act as a public prosecutor. The obligation to prove the charge shall rest with him/her.
2. A prosecutor may drop a charge in whole or in part, if the evidence gathered does not confirm the charge. Dropping the charge by a prosecutor shall be substantiated.
3. At the stage of a court hearing, a prosecutor may: file a motion or recusal; furnish evidence; take part in examination of the admissibility of evidence, and in resolving issues of termination of criminal prosecution and/or investigation, suspension of criminal prosecution, administering a case in court and other matters.
4. During legal proceedings before a court of the first instance and in appeal proceedings, a prosecutor shall take part in every trial involving public prosecution. He/she may file a motion or recusal; furnish evidence, and take part in the examination of evidence presented by the defence, express his/her opinion on all issues raised at a trial, take part in pleadings and inform the court of his/her position regarding proving the charge, criminal qualification of the act, mental capacity of the accused/convict, form and length of punishment administered, criminal liability and releasing from criminal liability and punishment.
5. At the stage of cassation proceedings, a prosecutor shall support his/her appeal or, as a party, express an opinion on appeals filed by other parties to the proceedings.
Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9 .2010, Art. 332
Law of Georgia No 659 of 30 May 2013 – website, 24.6 .2013
Article 19 - Coordination of the fight against crime
1. The Prosecutor’s Office shall coordinate the fight against crime and reconcile activities of law-enforcement bodies to timely detect, investigate, open, prevent and avoid crime, improve the criminal situation, in order to eliminate the causes of crime and conditions conducive to crime.
2. The procedure for coordination of the fight against crime shall be defined in Regulations that shall be approved by the Government of Georgia.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 20 – A Prosecutor’s claim to seize and transfer to the State illegal, undocumented property and property resulting from racketeering
A prosecutor shall initiate, in the manner and to the extent provided for by the legislation of Georgia on civil procedure, a claim to seize and transfer to the State property of an official, a member of the criminal world, a human trafficker, an illegal narcotic drugs distributor, or a person convicted of a crime under Article 194(3)(c) of the Criminal Code of Georgia, and property resulting from racketeering.
Law of Georgia No 659 of 30 May 2013 – website, 24. 6.2013
Chapter IV - Prosecutorial Acts
Article 21 - System of prosecutorial acts
When exercising his/her powers, a prosecutor, within the scope of his/her authority, as determined by the legislation of Georgia, shall prepare the following acts: a formal request, a submission, an objection, a decision, a consent, a directive, an appeal, and information.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 22 – Formal request
1. A prosecutor may formally request:
a) an audit of the financial and economic activities of an enterprise, organisation, and institution in relation to a criminal case;
b) the assignment of specialists to address issues that emerge in the course of exercising the powers provided for by law;
c) the production of documents, materials, cases, data and other information necessary to provide supervision or procedural guidance.
2. Any requested information must be submitted to the prosecutor within 10 days, regardless of the security level of such information.
3. A document or other information may be verified at the request of a prosecutor in situ either by the prosecutor, or at the assignment of the prosecutor, by a specialist, an expert or any other person.
4. At the request of a prosecutor, a document or other information must be submitted at the place indicated by him/her.
5. In the cases provided for by the legislation of Georgia, a prosecutor shall ensure protection of state secrets or other secrets contained in the requested information.
6. Interference with the scope of a court’s authority or request for any information or cases from a court shall be prohibited except as provided for by the criminal procedure legislation.
Article 23 - Submission
1. Within the scope of his/her authority and as provided for by the legislation of Georgia, a prosecutor shall file a submission to eliminate violations of legislation, the causes and conditions supporting such violations to the parties to legal relations provided for in Articles 14-17 of this Law, who shall, within 10 days, inform the prosecutor about the measures taken.
2. A prosecutor shall be informed of the date of consideration of a submission. He/she shall have the right to take part in the consideration.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 24 - Objection
1. A prosecutor shall submit a written objection to the incompatibility of the acts and actions of the persons indicated in Articles 16 and 17 of this Law with law, as well as in the cases provided for by the Code of Administrative Offences of Georgia.
2. In the objection a prosecutor may request that:
a) an unlawful act be repealed in whole or in part or brought in line with the law;
b) an unlawful action be ceased;
c) a violated right be restored;
d) an offender be subject to relevant measures.
3. A prosecutor shall file an objection to an unlawful act to the issuing authority or superior authority. An objection to an unlawful action of an official shall be filed according to the same procedure.
4. A prosecutor’s objection shall be considered not later than 10 days after the receipt. The prosecutor shall be immediately informed of the results of the consideration.
5. A prosecutor shall be informed of the date of consideration of the submitted objection. He/she may support the objection in person or through his/her representative.
6. A prosecutor having filed an objection, or a superior prosecutor, may withdraw the objection before the consideration commences.
7. A superior prosecutor shall have the right to amend an objection or replace it with a new objection before the consideration commences.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 25 - Decision
1. Depending on the character of a violation of the legislation of Georgia by a citizen or an official, a prosecutor, within the scope of his/her authority and according to the procedure determined by law, shall issue a decision, in cases provided for by the criminal procedure legislation of Georgia, as well as to initiate an administrative offence proceeding or a disciplinary proceeding.
2. A prosecutor’s decision initiating an administrative offence proceeding or a disciplinary proceeding shall be considered by an authorised body or official not later than 10 days after its receipt. The prosecutor shall be immediately informed of the results of the consideration.
Article 26 - Consent
Where provided for by law, a prosecutor shall issue a written consent to the actions of state bodies and officials.
Article 27 - Instruction
1. Where provided for by law, a prosecutor may give investigation authorities a written instruction.
2. A prosecutor’s instruction on investigation matters shall be binding.
Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332
Article 28 - Appeal
1. As determined by the criminal procedure legislation of Georgia, a prosecutor may:
a) appeal a court judgement in a criminal case to a higher court and take part in the trial as a party;
b) appeal a court judgement based on newly revealed circumstances and take part in the trial as a party.
2. A prosecutor having filed an appeal, or a superior prosecutor, may withdraw the appeal before a summary judgement has been made.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 29 - Information
Within the scope of his/her authority, a prosecutor shall provide, to relevant state or local self-government bodies, information regarding the legality and legal order.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 30 - Appealing prosecutorial acts
1. A prosecutor’s submission, objection, decision and instruction may be appealed to a court, as determined by law, or appealed to a superior prosecutor, within 10 days.
2. The act of appealing shall not suspend execution of prosecutorial acts except as provided for by the criminal procedure legislation of Georgia.
Chapter V - Staff of Prosecutor’s Office
Article 31 - Requirements set for persons to be appointed to the positions of a prosecutor and an investigator in the Prosecutor’s Office
1. Any citizen of Georgia who has a higher legal education, has a command of the language of proceedings, has completed six months to one year internship in the bodies of the Prosecutor’s Office and has passed a qualification exam with the Qualification Examination Commission in the following disciplines: Constitutional Law, International Human Rights Law, Criminal Law, Law of Criminal Procedure, Penitentiary Law, and Principles of Criminal Intelligence, has taken the oath of an employee of the Prosecutor’s Office, and can, based on his/her working and moral qualities, as well as his/her health status, perform the duties of a prosecutor or an investigator of the Prosecutor’s Office, may be appointed to the position of a prosecutor or an investigator in the Prosecutor’s Office.
2. The following persons shall be released from passing the qualification exam for employees of the Prosecutor’s Office: the Chief Prosecutor, his/her first deputy and deputies, and a person who has passed a judicial qualification exam or sat for a lawyer’s test. Prosecutors of the Autonomous Republics of Abkhazia and Ajara, shall take a qualification exam for employees of the Prosecutor’s Office within one year after being appointed to the position, unless they have passed a judicial qualification exam or sat for a lawyer’s test.
3. The Chief Prosecutor, his/her first deputy and deputies, and a person who meets one of the following requirements shall be released from internship in the bodies of the Prosecutor’s Office:
a) has at least one-year experience of working as a judge, an investigator or a lawyer;
b) has passed the judicial qualification exam;
c) has at least three-year experience working in a legal speciality.
4. A person who meets the requirements for being excepted from an internship as provided for under the third paragraph of this article, may take an internship in the bodies of the Prosecutor’s Office at his/her own discretion.
5. The qualification exam for the employees of the Prosecutor’s office shall be conducted in the form of tests. The Ministry of Justice of Georgia shall ensure the publication of the tests in advance. The Government of Georgia approves the procedures, frequency and the exam programme of the qualification exam for the employees of the Prosecutor’s office, and the Statute of the Exam Commission and the composition of the Exam Commission upon recommendation of the Minister of Justice. The Minister of Justice is authorised to order an additional qualification exam for the employees of the Prosecutor’s office upon request of the Chief Prosecutor.
6. Persons having at least three-year experiences working in a legal speciality may be appointed to the positions of the Prosecutor of the City of Tbilisi and his/her deputy, regional prosecutors and their deputies, district prosecutors and prosecutors of Specialised Prosecutor’s Offices. In a special case, the Chief Prosecutor may reduce the above term to 18 months for the Prosecutor of the City of Tbilisi and his/her deputy, regional prosecutors and their deputies, and to 12 months for district prosecutors and prosecutors of Specialised Prosecutor’s offices.
7. Employees of the Prosecutor’s Office shall sit for an assessment test once in every three years. The Minister of Justice, on the recommendation of the Chief Prosecutor, shall approve the procedure for conducting the assessment testing.
8. The Chief Prosecutor shall appoint and discharge advisors to the Prosecutor’s Office, support staff and contract employees of the Prosecutor’s Office, as determined by the Law of Georgia on Public Service.
[8. Advisors to the Prosecutor’s Office and specialists of the Prosecutor’s Office shall be appointed and discharged by the Chief Prosecutor, taking the specifics defined by this Law into consideration, under the procedure established by the Law of Georgia on Public Service; and the labour contract with a person employed by the Prosecutor’s Office under a labour contract shall be signed or terminated by the Chief Prosecutor, taking the specifics defined by this Law into consideration, under the procedures established by the Law of Georgia on Public Service and the Organic Law of Georgia – the Labour Code of Georgia. ( Shall become effective as from 1 January 2017)]
9. The position of an employee of the Prosecutor’s Office shall be incompatible with other positions within state or local self-government bodies, as well as with any entrepreneurial or other paid position other than scientific, creative and pedagogical activity. An employee of the Prosecutor’s Office may concurrently perform other paid work and/or hold another position within the system of the Prosecutor’s Office.
10. An employee of the Prosecutor’s Office shall not be a member of a political party or engage in political activity.
11. An employee of the Prosecutor’s Office shall be prohibited from organising or taking part in a strike.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Law of Georgia No 4383 of 27 October 2015 – website, 11.11.2015
Article 311 - Integrated database of persons seeking employment at the bodies of the Prosecutor’s Office
1. To ensure a stable and effective operation of the system of the Prosecutor’s Office and to staff it with highly qualified personnel, the Chief Prosecutor shall be authorised, if necessary, to set up an integrated database of persons seeking employment at the bodies of the Prosecutor’s Office.
2. The Minister of Justice, on the recommendation of the Chief Prosecutor, shall define the procedure for setting up an integrated database of persons seeking employment at the bodies of the Prosecutor’s Office.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 32 - Oath of an employee of the Prosecutor’s Office
1. When designated to work at the bodies of the Prosecutor’s Office, an employee of the Prosecutor’s Office shall take a written oath: ‘I, (first name, last name), hereby solemnly and sincerely swear before God and the People to perform the duty of an officer of the Prosecutor’s Office of Georgia in good faith and in so doing comply only with the Constitution and law of Georgia.’
2. An officer of the Prosecutor’s Office may be sworn to office without a religious oath. The oath giver shall sign the oath text that shall be kept in the officer’s personal record.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 33 - Grounds for refusal to employ a person in the Prosecutor’s Office
The following persons shall not be employed in the Prosecutor’s Office:
a) a person having a criminal record;
b) a person suffering from alcohol or narcotic drug addiction, toxic substance abuse, mental or other severe chronic disease;
c) a person recognised by court as having limited competence or as a beneficiary of support, unless otherwise determined under court decision;
d) a person discharged from another job for committing an act against the general principles of ethics.
Law of Georgia No 3363 of 20 March 2015 – website, 31.3.2015
Article 34 - Discharging an employee of the Prosecutor’s Office from the Prosecutor’s Office
An employee of the Prosecutor’s Office may be discharged from the Prosecutor’s Office:
a) by his/her personal application;
b) due to any impairment of health status, disability or chronic disease preventing him/her from performing his/her official duties;
c) upon expiry of a labour contract;
d) due to non-performance or improper performance of official duties;
e) due to non-performance or improper performance of requirements under a labour contract;
f) due to inaptitude to the position held;
g) due to gross or systematic misconduct at work;
h) due to staff reduction;
i) due to being elected or appointed to legislative, executive, judicial, or local self-government bodies or in any other case of incompatibility to hold the position;
j) due to breaking the oath, disclosing a professional secret or committing any other act unbecoming to an employee of the Prosecutor’s Office;
k) based on a valid guilty verdict;
l) in the cases provided for by Article 33(a-c) of this Law;
m) due to loss of the Georgian citizenship;
n) due to violation of employment requirements;
o) upon reaching retirement age.
Chapter VI - Legal Protection of Employees of the Prosecutor’s Office
Article 35 - Legal protection of employees of the Prosecutor’s Office
1. An officer of the Prosecutor’s Office is independent in his/her official activity. He/she may not be removed or dismissed from the position held except in cases provided for by this Law.
2. Hindering an employee of the Prosecutor’s Office from performing his/her official duties, degrading, threatening, resisting, or using violence against him/her, as well as making an attempt on his/her family member’s life, health or property shall entail the punishment determined by law. Upon receipt of any report or information on an attempt on the life, health or property of an employee of the Prosecutor’s Office or his/her family member, state bodies shall be obliged to take actions provided for by law to protect their personal safety and property.
3. An employee of the Prosecutor’s Office may keep and carry a firearm, as well as special personal defence tools in the manner determined by the legislation of Georgia.
Article 36 - Inadmissibility of interference in the activity of an employee of the Prosecutor’s Office
Any interference in the activity of an employee of the Prosecutor’s Office by officials, public and political parties, their representatives or by other persons not authorised by law to interfere in the activity of an employee of the Prosecutor’s Office or in any way exert influence on him/her, as well as preventing an employee of the Prosecutor’s Office from performing his/her activity shall be punishable by law.
Article 37 - Right of an employee of the Prosecutor’s Office to apply to court
An employee of the Prosecutor’s Office shall have the right to apply to court to protect his/her rights and freedoms.
Article 38 - Responsibility of an employee of the Prosecutor’s Office
1. An employee of the Prosecutor’s Office shall be held responsible under the general procedure for committing a crime or administrative offence.
2. A detained, confined or convicted employee of the Prosecutor’s Office shall be placed and serve his/her sentence in isolation from other prison population.
3. Only the Chief Prosecutor shall initiate a criminal prosecution of a crime allegedly committed by a prosecutor, an investigator of or an advisor to the Prosecutor’s Office. The Chief Prosecutor’s Office shall investigate a crime committed by an employee of the Prosecutor’s Office, according to the investigative jurisdiction provided for by the legislation of Georgia.
4. During the period of investigation of a case against an employee of the Prosecutor’s Office, pending the delivery of a final decision, the Chief Prosecutor shall remove an employee of the Prosecutor’s Office from his/her position, according to the established procedure.
5. In case of breaking an oath, committing misconduct or any act unbecoming to an employee of the Prosecutor’s Office, or failure to perform or negligent performance of his/her duty vested by law, an employee of the Prosecutor’s Office shall be subject to the following disciplinary measures:
a) reprimand
b) reproach
c) demotion
d) discharge from the position held
f) dismissal from the Prosecutor’s Office.
6. A disciplinary action shall be applied not later than one year after establishing (revealing) a misconduct. This period does not include the period of illness or leave of an employee of the Prosecutor’s Office. Disciplinary action shall not be applied if three years have elapsed since the day of the misconduct. In the case of a premeditated crime committed by an employee of the Prosecutor’s Office, he/she shall be dismissed from the Prosecutor’s Office irrespective of the time elapsed from committing the act. In case of a crime of negligence committed by an employee of the Prosecutor’s Office, the Chief Prosecutor shall make a decision on his/her dismissal from the Prosecutor’s Office irrespective of the time elapsed from committing the act, except as provided for by the legislation of Georgia.
7. The Chief Prosecutor shall be authorised to apply any of the disciplinary actions provided for in the fifth paragraph of this article in relation to an employee of the Prosecutor’s Office.
8. The prosecutors of the Autonomous Republics of Abkhazia and Ajara shall have the right to apply the following disciplinary actions: a reprimand or reproach.
9. If the misconduct committed by an employee of the Prosecutor’s Office requires applying a disciplinary action, the imposition of which falls only within the Chief Prosecutor’s scope of authority, the head of the respective body of the Prosecutor’s Office shall submit to the Chief Prosecutor a proposal on application of the relevant disciplinary action.
10. Only a single disciplinary action shall be applied for committing the same misconduct by an employee of the Prosecutor’s Office.
11. The Chief Prosecutor shall have the right to repeal, commute or aggravate a disciplinary action applied in relation to an employee of the Prosecutor’s Office.
12. A disciplinary measure shall be imposed by order of a prosecutor; in cases provided for in Article 81(6)(e) and (10-11) of this Law it shall be imposed by decision of the Prosecutorial Council, and in the case provided for in Article 92(13) of this Law – by the decision of the Parliament of Georgia. The employee of the Prosecutor’s Office who has been subjected to the disciplinary measure shall be informed of the order of the prosecutor/the decision of the Prosecutorial Council. An order of the prosecutor/decision of the Prosecutorial Council/decision of the Parliament of Georgia on imposing the disciplinary measure shall be kept in a personal file of the employee of the Prosecutor’s Office.
13. An employee of the Prosecutor’s Office shall be deemed free of a disciplinary action, if one year has elapsed since the imposition of the disciplinary action and no new disciplinary action has been imposed on him/her.
14. A disciplinary measure imposed on an employee of the Prosecutor’s Office may be removed ahead of time in the case provided for in Article 39 of this Law. A disciplinary measure shall be removed by a relevant order/decision. The employee of the Prosecutor’s Office who has been subjected to the disciplinary measure shall be informed of the order/decision. An order/decision on the removal of the disciplinary measure ahead of time shall be kept in a personal file of the employee of the Prosecutor’s Office. A disciplinary measure imposed on an employee of the Prosecutor’s Office may be removed ahead of time in the case provided for in Article 39 of this Law. A disciplinary measure shall be removed by a relevant order/decision. The employee of the Prosecutor’s Office who has been subjected to the disciplinary measure shall be informed of the order/decision. An order/decision on the removal of the disciplinary measure ahead of time shall be kept in a personal file of the employee of the Prosecutor’s Office.
15. An order of a prosecutor to impose a disciplinary measure on an employee of the Prosecutor’s Office may be appealed to a superior prosecutor or to a court within 30 days after the order is issued, and the decision of the Prosecutorial Council to impose a disciplinary measure on the Chief Prosecutor/his/her deputy may be appealed to a court within 30 days after the decision is made.
16. Appealing an order on the imposition of a disciplinary action shall not suspend the execution of the disciplinary action applied in relation to an employee of the Prosecutor’s Office.
Law of Georgia No 1017 of 27 February 2009 – LHG I, No 4, 12.3.2009, Art. 17
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Article 39 - Granting an employee of the Prosecutor’s Office incentive for success at work
For exemplary performance of his/her duty and other achievements, an employee of the Prosecutor’s Office may be granted the following incentives:
a) declaration of appreciation;
b) paying a bonus or presenting a valuable gift;
c) allocation of an additional paid leave of 10 calendar days;
d) granting the next special state rank earlier;
e) lifting a disciplinary action ahead of time;
f) granting the title and awarding a badge of ‘Honorary Employee of the Prosecutor’s Office’;
g) nomination for a state award.
Chapter VII - Social Protection of Employees of the Prosecutor’s Office
Article 40 - Social protection of an employee of the Prosecutor’s Office
1. Social protection of an employee of the Prosecutor’s Office shall be guaranteed by the Constitution of Georgia, this Law and other legal acts of Georgia. The State shall provide the social protection of an employee of the Prosecutor’s Office.
2. An employee of the Prosecutor’s Office shall be provided with mandatory state insurance financed by the state budget. Any damage borne by an officer of the Prosecutor’s Office (or his/her family member) in the course of discharging his/her duties shall be compensated in full from the state budget, as determined by law.
3. An employee of the Prosecutor’s Office may claim compensation under paragraph 2 of this article within one year after the damage has occurred.
4. In the case of death of an employee of the Prosecutor’s Office as a result of an assault in the performance of his/her duty, the family of the deceased shall be paid a one-time lump sum benefit of GEL 10 000 from the state budget.
5. An employee of the Prosecutor’s Office, who suffered bodily injury as a result of an assault in the performance of his/her duty and was consequently recognised as a person with a disability, or was disabled, shall be paid a one-time lump sum disability benefit of up to GEL 7 000 from the state budget.
6. An employee of the Prosecutor’s Office shall be entitled to an annual paid leave of 30 calendar days.
7. A prosecutor, an investigator of and an adviser to the Prosecutor’s Office shall be entitled to all the benefits of a judge of the court of the relevant level, while the Chief Prosecutor, his first deputy and deputies shall be entitled to the benefits provided for the Chairperson of the Supreme Court of Georgia and his/her deputies, respectively.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 41 - Remuneration of an employee of the Prosecutor’s Office
1. Salary of an employee of the Prosecutor’s Office shall consist of the salary as per the position, bonuses and other additional payments provided for by the legislation of Georgia.
2. The salary of a prosecutor and investigator of the Chief Prosecutor’s Office may not be less than GEL 500, while the salary of a prosecutor and investigator of the prosecutor’s offices of the Autonomous Republics of Abkhazia and Ajara, the Prosecutor’s Office of the City of Tbilisi, regional prosecutor’s offices, district prosecutor’s offices and, in the cases provided for by Article 1(3) of this Law, of Specialised Prosecutor’s Offices, may not be less than GEL 400.
Article 42 - Special state ranks of employees of the Prosecutor’s Office
1. For the position held, scientific degree, qualifications, length of service, exemplary performance of duties or special merits, a prosecutor, investigator of and an advisor to the Prosecutor’s Office shall be granted special state ranks.
2. The procedure for granting and depriving of special state ranks is defined by the legislation of Georgia.
3. Special state ranks of a prosecutor and an investigator of the Prosecutor’s Office shall be equated with the special ranks established under the legislation of Georgia for personnel of the military forces of Georgia, the State Security Service of Georgia and the Ministry of Internal Affairs of Georgia.
Law of Georgia No 3941 of 8 July 2015 – website, 15.7.2015
Chapter VIII - Logistical Support and Financing of the Prosecutor’s Office
Article 43 - Logistical support and financing of the Prosecutor’s Office
1. The Prosecutor’s Office shall be financed with appropriations allocated from the state budget. Expenditures of the Prosecutor’s Office must be provided for in the state budget using a separate organisational code, according to the procedure determined by the legislation of Georgia.
2. A reduction of current expenditures within the sums allocated in the state budget for the Prosecutor’s Office, compared to the budgetary funds of the previous year, may take place only by the consent of the Minister of Justice.
3. Logistical support to the Prosecutor’s Office shall be provided in a centralised manner.
4. Parcels of land, buildings, premises and equipment, as well as real estate and movable property acquired or created using state budget financing, which are in the possession and/or use of the Prosecutor’s Office, shall be the property of the State.
5. Funds collected by the Prosecutor’s Office to reimburse losses incurred by the State shall be transferred to the state budget.
6. Representation expenses of the Prosecutor’s Office of Georgia shall be reimbursed as determined by the legislation of Georgia.
Chapter IX - Other Operational and Organisational Matters of the Prosecutor’s Office
Article 44 – Continuing education of employees of the Prosecutor’s Office
1. Employees of the Prosecutor’s Office shall receive continuing education at appropriate academic and training facilities.
2. In the cases provided for by international treaties and agreements, as well as by international programmes, employees of the Prosecutor’s Office may receive continuing education at educational institutions, law-enforcement bodies, and research and development centres of foreign states.
Article 45 - Seal, ID card, uniform and insignia
1. The Chief Prosecutor’s Office and other bodies of the Prosecutor’s Office shall have a round seal bearing the national coat of arms of Georgia and the name of the Prosecutor’s Office.
2. An official ID card of the established form shall be issued to the Chief Prosecutor by the Chairperson of the Parliament of Georgia.
3. The Chief Prosecutor, his/her first deputy or deputy shall issue official ID cards of an established form to other employees of the Prosecutor’s Office.
4. (Deleted – 30.5.2013, No 659).
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Law of Georgia No 4300 of 18 September 2015 – website, 28.9.2015
Article 46 - Statistical reports
Together with the agencies concerned, the Prosecutor’s Office shall develop unified registration forms for statistical reports and establish a unified procedure for compiling statistical reports within the bodies of the Prosecutor’s Office.
Article 47 - International relations of the Prosecutor’s Office
The Prosecutor’s Office may cooperate with the relevant bodies of foreign states and international organisations, according to the procedure provided for by the legislation of Georgia.
Article 48 - Considering incoming applications and complaints
1. The Prosecutor’s Office, within the scope of its authority and as provided for by the legislation of Georgia, shall consider incoming applications and complaints, and receive citizens.
2. An application or complaint on a committed crime filed with the Prosecutor’s Office shall be immediately considered.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Chapter X - Control over the Activity of and Use and Spending of State Funds by the Prosecutor’s Office
Article 49 - Parliamentary control
Parliamentary control over the activity of the Prosecutor’s Office shall be carried out by hearing and subsequent discussion of the Chief Prosecutor’s information either on demand of the Parliament or on the Chief Prosecutor’s initiative. The information shall not include matters concerning particular criminal case proceedings, except as expressly provided for by the legislation of Georgia and international treaties and agreements of Georgia.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Article 50 - Informing the Prime Minister of Georgia
The Prime Minister of Georgia, as the Head of the Government of Georgia, shall periodically hear the Chief Prosecutor’s information. The information shall not include matters concerning criminal case proceedings, except as expressly provided for by the legislation of Georgia and international treaties and agreements of Georgia.
Law of Georgia No 659 of 30 May 2013 – website, 24.6.2013
Law of Georgia No 1267 of 20 September 2013 – website, 8.10.2013
Article 51 - Judicial control
The performance of such investigative and procedural acts by the Prosecutor’s Office that limit the human rights and freedoms defined by the Constitution of Georgia shall be permitted by a substantiated decision of a court, as determined by the legislation of Georgia.
Article 52 - Control over the use and spending of state funds
The State Audit Service shall control the use and spending of state funds and other tangible assets of the state allocated to the Prosecutor’s Office.
Law of Georgia No 6550 of 22 June 2012 – website, 29.6.2010
Chapter XI - Transitional Provisions
Article 53
1. The Prosecutor’s Office of Georgia shall be reorganised into a state subordinate agency within the system of the Ministry of Justice of Georgia.
2. A state subordinate agency within the system of the Ministry of Justice of Georgia - the Prosecutor’s Office of Georgia shall be a legal successor to the Prosecutor’s Office of Georgia.
3. A state subordinate agency within the system of the Ministry of Justice of Georgia - the Prosecutor’s Office of Georgia shall ensure completion of the cases under proceedings in the Prosecutor’s Office of Georgia, according to the procedure determined by the Criminal Procedure Code of Georgia.
4. The Ministry of Justice of Georgia shall ensure the conformity of relevant subordinate legal acts with this Law.
5. Normative acts issued by the Prosecutor General of Georgia shall remain in force until the measures under paragraph 4 of this article are implemented.
6. By the date of entry into force of this Law, according to the procedure determined by the legislation of Georgia, the Government of Georgia shall ensure the transfer of the budget appropriations allocated for the Prosecutor’s Office of Georgia to the Prosecutor’s Office of Georgia - a State subordinate agency within the system of the Ministry of Justice of Georgia.
7. By the date of entry into force of this Law, the Ministry of Economic Development of Georgia shall ensure the transfer of assets (inter alia, the property recorded on the balance sheet of the Prosecutor’s Office of Georgia) necessary for the functioning of the Prosecutor’s Office of Georgia - a state subordinate agency under the system of the Ministry of Justice of Georgia, to the Prosecutor’s Office of Georgia, according to the procedure determined by the legislation of Georgia.
8. By 1 March 2009, the Ministry of Justice of Georgia shall ensure the development of a draft law of Georgia to determine the place of a legal entity under public law - the Legal Support Service under the Ministry of Justice of Georgia, in the system of state bodies of Georgia.
Chapter XII - Concluding Provisions
Article 54 – Entry into force of the Law
1. This Law, except for Article 53(6) and (7) and Article 54, shall enter into force on the 15th day after its promulgation.
2. Article 53(6) and (7) and Article 54 of this Law shall enter into force upon its promulgation.
President of Georgia M. Saakashvili
Tbilisi
21 October 2008
No 382-IIS
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