On Approval of the Statute of the Investigation Department of the Ministry of Justice of Georgia

Order No 378

of 12 February 2019

of the Minister of Justice of Georgia

Tbilisi

On Approval of the Statute of the Investigation Department of the Ministry of Justice of Georgia

In accordance with Article 18(2) of the Law of Georgia on Structure, Authority and Rule of Activity of the Government of Georgia, Article 25(1)(b) of the Law of Georgia on Normative Acts, Article 2(6) of the Law of Georgia No 3129-რს of 5 July 2018 on Making Amendments to the Law of Georgia on Special Penitentiary Service and Article 5(2)(t) of the statute approved by Ordinance No 389 of 30 December 2013 of the Government of Georgia on Approval of the Statute of the Ministry of Justice of Georgia, I hereby order:

1. The attached statute of the Investigation Department of the Ministry of Justice of Georgia shall be approved.

2. Order No 66 of 30 June 2015 of the Minister of Corrections and Legal Assistance of Georgia On Approval of the Statute of the Investigation Department of the Ministry of Corrections and Legal Assistance of Georgia shall be declared invalid.

3. This Order shall enter into force on 11 March 2019.

Minister of Justice of Georgia                                                              Thea Tsulukiani

Statute of the Investigation Department of the Ministry of Justice of Georgia

Chapter I

General Provisions

Article 1

This Statute determines the legal status, objectives, functions, structure and accountability of the Investigation Department (‘the Department’) of the Ministry of Justice of Georgia (‘the Ministry’) and regulates other issues related to the activities of the Department.

Article 2

The Department is a primary structural unit of the Ministry.

Article 3

In carrying out its activities the Department is guided by the Constitution of Georgia and other legislative acts of Georgia, the legislative acts of the Government of Georgia and of the Minister of Justice of Georgia (‘the Minister’), other subordinate normative acts and also individual assignments of the Minister.

Article 4

In carrying out its functions and assignments, the Department represents the Ministry.

Article 5

1. The Department is accountable to the Minister, who supervises the Department according to the procedure established by the legislation of Georgia.

2. The prosecutorial supervision of the activities of the Department in terms of investigation of criminal cases and performance of operative-investigative actions shall be carried out by the respective structural unit of the Prosecutor’s Office of Georgia according to the procedure established by the legislation of Georgia.

Article 6

The Department has its seal, stamp and headed paper with its name on them, the templates of which shall be approved by the Minister.

Article 7

The Department is located at the address: 85 Gorgasali Street, Tbilisi.

Chapter II

Objectives and Functions of the Department

Article 8

The objective of the Department is to investigate and prevent the crimes falling within the investigative jurisdiction of the Department.

Article 9

The functions of the Department are as follows:

a) to detect and investigate crimes within the competence of the Department and to carry out investigative and procedural actions according to the procedure established by the Criminal Procedure Code of Georgia;

b) to perform operative-investigative actions according to the procedure established by the legislation of Georgia;

c) to obtain, process and analyse the respective information and to plan and implement appropriate measures within its competence in order to avoid and prevent crimes within the system of the Special Penitentiary Service (‘the Service’), a state subordinate agency operating under the Ministry;

d) to examine and analyse the causes contributing to a crime in the area that falls within the competence of the Department, and to draw up and submit recommendations to the Minister and the Analytical Department of the Service;

e) to process statistical data in the area of activities of the Department;

f) to cooperate with the law enforcement bodies of Georgia within its competence and to collaborate with the law enforcement bodies of other countries and with international organisations;

g) to perform other functions determined by the legislation of Georgia.

Chapter III

Structural Units of the Department and Their Functions

Article 10

The structural unit of the Department is the Western Division.

Article 11

The functions of the Western Division are as follows:

a) to detect and investigate the crimes provided for in Articles 342¹, 378, 378¹, 378², 379, 380 and 381 (with respect to the failure to execute a judgement of imprisonment) of the Criminal Code of Georgia that have been committed on the territory of West Georgia as well as the crimes that have been committed on the territory of the penitentiary institutions located in West Georgia, and to carry out investigative and procedural actions according to the procedure established by the Criminal Procedure Code of Georgia;

b) to fulfil the written assignments and instructions of a prosecutor;

c) to examine and analyse the causes contributing to a crime in the area that falls within the competence of the Department, and to draw up and submit recommendations to the Minister and the Analytical Department of the Service;

d) to process statistical data in the area of activities of the Department;

e) to cooperate with the law enforcement bodies of Georgia within its competence and to collaborate with the law enforcement bodies of other countries and with international organisations;

f) to perform other functions determined by the legislation of Georgia.

Chapter IV

Management and Employees of the Department and Their Powers

Article 12

1. The Department is managed by the Head of the Department, who may be appointed and dismissed by the Minister.

2. The Head of the Department is accountable to the Minister.

3. The Head of the Department shall:

a) manage the Department, make decisions regarding the issues falling within the jurisdiction of the Department, administer the activities of the Department and be responsible for due performance of the duties imposed on the Department;

b) supervise due performance of their duties by the employees of the Department;

c) distribute duties among the employees of the Department;

d) submit to the Minister the proposals on the implementation of incentives for the employees of the Department;

e) distribute the incoming correspondence among the employees of the Department;

f) approve or sign the documents drawn up at the Department;

g) coordinate the operative-investigative actions performed by the authorised employees of the Department;

h) coordinate the examination and analysis of the causes contributing to a crime in the area that falls within the competence of the Department, and the preparation and submission of recommendations to the Minister and the Analytical Department of the Service;

i) periodically (at least once a year) submit to the Minister a report on the activities carried out by the Department and the information on the priority areas of activities of the Department.

5. In the case of absence of the Head of the Department the Head of the Division shall act as a Head of the Department.

Article 13

1. The Division is managed by the Head of the Division, who may be appointed and dismissed by the Minister according to the procedure established by the legislation of Georgia.

2. The Head of the Division shall:

a) manage and coordinate the activities of the Division, regulate the issues falling within the jurisdiction of the Division and be responsible for the due performance of the duties imposed on the Division;

b) distribute duties among the employees of the Division, organise the operation of the Division, monitor the observance of workplace and operational discipline by the employees of the Division;

c) participate in the planning of the operative-investigative actions and monitor their performance;

d) approve or sign the documents drawn up at the Division;

e) submit to the Head of the Department the proposals on the implementation of incentives for the employees of the Division;

f) monitor, within his/her competence, the fulfilment of the Minister’s orders, instructions, assignments, and individual assignments of the Head and Deputy Head of the Department;

g) periodically (at least once a year) submit to the Head of the Department a report on the activities carried out by the Division;

h) exercise other powers provided for by the legislation of Georgia.