Can I secretly record a conversation and use it in court?: what to do under Georgian law

What to do

1. A direct answer to “can I record my own conversation”: the law does NOT expressly allow it. There is no exception for a participant in the conversation, and the risk remains: an unauthorised recording or eavesdropping on a private conversation is a crime (CC Art. 158). “Unauthorised” means unlawful or without the right, directly or indirectly granted by its holder (CC Art. 284). Investigators and the court assess this. The most dangerous step is distribution: unlawful use, distribution of a recording of private communication or granting access to it is a separate crime (CC Art. 158); the same applies to recording a telephone conversation and correspondence as a separate offence (CC Art. 159).
2. Safe route in cases of threats, extortion or bribery: the person who hands the recording to the investigation together with information about a committed or planned crime is not liable for the recording or its storage (CC Art. 158). Take the recording to the police immediately; do not publish it.
3. Civil dispute (debt, dismissal, promise): submit the recording only to the court, not on social media. The Personal Data Protection Law does not apply to data processing for judicial proceedings (Law on Personal Data Protection, Art. 2). However, in civil proceedings, evidence obtained in violation of the law has no legal force (CivPC Art. 103), and the defendant will ask that the recording be excluded. No evidence has a predetermined force: the court assesses everything in combination (CivPC Art. 105). Support the recording with correspondence, transfers, witnesses, and keep the original file.
4. Criminal case: in criminal proceedings, evidence obtained with a material violation is inadmissible if it worsens the position of the accused (CPC Art. 72); a party must disclose to the court the origin of its evidence (CPC Art. 72).
5. If you were recorded and the recording was distributed: file a police report under the offence of distributing the recording; civil claim: the secrecy of private life is protected in court (CivC Art. 18); where there is culpable violation, moral damage is also recoverable (CivC Art. 18). Phone call with a bank or employer: an organisation (employer, bank) that makes an audio recording must warn you in advance (Law on Personal Data Protection, Art. 11).
6. Where to apply: police or prosecutor's office; district (city) court.
7. Evidence: the original unedited file; a transcript; correspondence and payments; if distributed, screenshots showing the recipients.
8. Traps: promising that recording your own conversation is always lawful or always accepted by the court, which the law does not say; posting the recording online or sending it to acquaintances is a separate and more serious crime; building a claim solely on the recording, since the court may find it inadmissible.

Be sure to check

• an unauthorised recording of a private conversation, and especially its distribution, is criminally punishable
• handing the recording to the investigation together with a report of a crime releases from liability for the recording itself
• in civil court, unlawfully obtained evidence has no force; the court assesses the recording in combination with other evidence
• if you were recorded: a police report and a claim to protect private life with moral damage