A person suspected of having committed a criminal or an administrative offense may be arrested and detained. However, the arrest and detention have to be carried out lawfully and respecting human rights.
Arrest related to a criminal offense
A person may be arrested in relation to suspicion of having committed a criminal offense. In Georgia, the grounds for arrest and detention are explained in the Criminal Procedure Code of Georgia. An official authorized by law can arrest and keep you in custody. The term of arrest shall not exceed 72 hours. Not later than 48 hours after the arrest an authorized person shall give you an indictment. If an indictment is not given to you within this period, you shall be immediately released.
Detention
Detention as a measure of restraint may be used against you in a criminal case. It can be used only for certain reasons, such as: prevent the accused person from hiding the justice, interfering with the collection of the evidence or committing a new crime. According to the Criminal Procedure Code of Georgia, the total length of detention can not exceed nine months.
Arrest related to an administrative offense
Additionally, a person may be also arrested to prevent administrative offense, only when other sanctions have been exhausted. The grounds for administrative arrest are explained in the Administrative Offense Code of Georgia.
When arresting for the administrative offense you shall be presented to the court at the first opportunity but no later than 24 hours. In some circumstances this term may be extended for another 24 hours. If you are not presented to the court within this hour, you should be immediately released.
Arrest, Detention & Human rights
Human rights protect the right to liberty and security of a person. Therefore, unlawful and arbitrary arrest and detention are prohibited. It means that officials authorized by law need to have a lawful reason to arrest and detain you, they need to follow clearly set procedures and they must not treat you disrespectfully. During arrest and detention processes, such human rights as the right to liberty and security, the right to fair trial, the right to life, the prohibition of inhumane or degrading treatment, or torture and the right to private life may be affected.
About this Guide
This Guide will explain situations in which you can be arrested and detained, the procedure that should be followed, how you should be treated and what human rights violations may occur in particular situations during the process.