A criminal case in Georgia while you are abroad
Have you learned there is a criminal case against you in Georgia, or that you are wanted? Being abroad does not stop the case: if the accused is hiding or avoids appearing in court, detention can be ordered and the case heard in their absence. That is why a lawyer should step in while you are still abroad.
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Under the Criminal Procedure Code, if an accused is hiding, a motion for detention can be filed with the court. After the arrest, the accused must be brought before a magistrate judge no later than 48 hours after being taken to the place of investigation; if the wanted person was arrested abroad — no later than 48 hours after being brought to the place of investigation in Georgia (Article 206, Part 10).
We find out your status in the case, what the charge is and whether you are wanted; we protect your interests in the investigation and in court, and plan your return so that you have a lawyer from the very first minute.
A trial in absentia
- If the accused avoids appearing in court, the case may be heard in their absence (Article 189)
- In such a case the participation of the accused's lawyer is mandatory (Article 189)
- A guilty verdict given in absentia can be appealed within 1 month — from the arrest or from appearing before the relevant authority; or from the announcement of the verdict, if you ask for the appeal to be heard without you (Article 292, Part 3)
Being wanted and your passport
The passport of a wanted accused or convicted Georgian citizen can be suspended by a court ruling on the prosecutor's motion. This restricts the right to leave Georgia and to travel abroad. The suspension lasts until the sentence is enforced or the prosecution ends, but the prosecutor can lift it at any time. The ruling can be appealed (Articles 164 and 165).
If you are arrested abroad
If you are arrested in another country at Georgia's request, that country decides on handing you over under its own law and international treaties. Within 48 hours of being brought to Georgia you must be taken before a court, which cancels, changes or keeps the preventive measure (Article 206, Part 10).
Our services
- Finding out the case materials and your status
- Defence during detention and trial in absentia
- Appealing a verdict given in absentia
- Appealing the passport suspension ruling
- Planning your return and defence from day one
- Help in an extradition case
Questions & answers
I'm abroad — will the case stop?
No. If the accused is hiding, detention can be ordered in their absence (Article 206, Part 10); if they avoid appearing in court, the case can be heard without them (Article 189).
I was convicted in absentia — what can I do?
You can appeal within 1 month — from your arrest or appearance; or from the announcement of the verdict, if you ask for the appeal to be heard without you (Article 292, Part 3).
Will I be arrested as soon as I arrive?
If detention has been ordered or you are wanted, you may be arrested. That is why a lawyer should first find out your status and plan your return.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
Important: the information on this page is general and based on the law in force on the date it was published.
Laws change and every case is different, so this information doesn't replace advice from a lawyer. Before you act on it, contact us. MMLAW is not responsible for decisions made solely on the basis of this information.
Related practice area: Criminal defense
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