The Prosecutor General’s Office has the responsibility to control and to supervise the investigative procedures. Cybercrime related investigations are based on the Criminal Procedural Code, meaning no specific regulation was introduced in this respect. Prosecutors must show probable cause in case of search and seizure. There is currently only one prosecutor on staff who is especially focused on cybercrime issues.
Georgia uses a single central authority for mutual legal assistance requests irrespective of the stage of proceedings, namely, the International Cooperation Unit of the Department of Legal Affairs, Office of the Chief Prosecutor at the Ministry of Justice of Georgia. Although requests can be technically transmitted via 24/7 contact point or Interpol point, they must be addressed to the central authority.
The Prosecution Service Strategy and Action Plan 2017-2021 prescribes the following strategic actions prescribed in respect of cybercrime and public-private cooperation:
- Set up of new inter-agency cybercrime policy task force;
- Review the existing LEA-ISP MOU and introduction of amended one if need be;
- Participation in and/or initiating procedural and substantive law reforms on cybercrime and electronic evidence issues;
- Training of prosecution attorneys in cyber related matters (procedural powers, international cooperation, cooperation with service providers);
- Introduction of policy guidelines on the cooperation with Internet service providers.
- Issuance of Manual on the LEA direct cooperation with Multinational Service Providers – the first version of the manual was prepared in March 2017 and has been updated several times.