GENERAL PART

SECTION ONE. CRIMINAL LAW

CHAPTER II. SCOPE OF APPLICATION OF CRIMINAL LAW

Article 2. Applicability of Criminal Law in Time
1. The criminality and punishability of the action shall be determined under the criminal law, which was applicable at the time of committing this action.
2. The time of committing a crime shall be the time when the perpetrator or accomplice acted or must have acted irrespective of when the result is produced.

Article 3. Retroactivity of Criminal Law
1. The criminal law which nullifies criminality of the action, improves the condition of the offender shall be retroactive. The criminal law, which lays down the criminality of the action, toughens punishment or otherwise aggravates the condition of the offender, shall in no way be retroactive.
2. If a new criminal law commutes the sentence for the action wherefore the convict is serving it, this sentence must be shortened to the extent permitted by the new criminal law.
3. If, from the perpetration of the crime to conviction, the criminal law was changed several times, the most lenient law shall be applied.
4. Coercive measure of educative effect and coercive measure of medical nature shall be applied only under the law, which is applicable during the court settlement of the case.

Article 4. Applicability of Criminal Law toward Crime Committed on the Territory of Georgia
1. The one who has perpetrated a crime on the territory of Georgia shall bear criminal liability as hereunder provided.
2. The crime shall be deemed perpetrated on the territory of Georgia if it began, continued, terminated or ended on the territory of Georgia. This code shall also be applied to the crimes committed on the continental shelf of Georgia and in the Special Economic Zone.
3. The one who has perpetrated a crime on the vessel authorized to use the national flag or identification mark of Georgia or against such vessel, shall bear criminal liability under this Code unless otherwise prescribed by the International Treaty of Georgia.
4. If the diplomatic representative of a foreign country as well as the person enjoying diplomatic immunity has committed a crime on the territory of Georgia, the question of their criminal liability shall be settled in manner and to the extent permitted by the international law.

Article 5. Criminal Liability for Crime Perpetrated Abroad
1. The citizen of Georgia as well as the person permanently residing in Georgia without having citizenship has committed the action under this Code which is regarded as crime under the legislation of the state in which it was committed, shall bear criminal liability under this Code if they have not been convicted in another state.
2. The citizen of Georgia as well as the person permanently residing in Georgia without having citizenship has committed the action under this Code which is not regarded as crime under the legislation of the state in which it was committed, shall bear criminal liability under this Code if it is a grave or especially grave offense in directed against the interests of Georgia or if the criminal liability for this offense is provided by the International Treaty of Georgia.
3. The citizen of a foreign state as well as the person not permanently residing in Georgia without having citizenship who has committed the action under this Code shall bear criminal liability under this Code if it is a grave or especially grave offense directed against the interests of Georgia or if the criminal liability for this offense is provided by the International Treaty of Georgia if they have not been convicted in another state.

Article 6. Extradition of Criminal
1. The citizen of Georgia as well as the person permanently residing in Georgia without having citizenship shall in no way be extradited to the other state for criminal prosecution or for serving a sentence unless otherwise determined by the International Treaty of Georgia.
2. The citizen of a foreign state as well as the person having no citizenship and being on the territory of Georgia who has committed a crime may be extradited to another state for criminal prosecution or for serving a sentence in manner and to the extent determined by the International Treaty of Georgia.
3. It shall be inadmissible to extradite the person under asylum who has committed a crime and who is being persecuted for political creed or the person who has committed the action not regarded as crime under the legislation of Georgia or for this crime capital punishment is prescribed in the state seeking extradition. The question of criminal liability of such persons shall be settled in manner and to the extent permitted by the international law.