Provisional arrest - detention pending surrender

Republic of Albania

Albania - Criminal Procedure Code 1995 (2017) EN

Article 495 Arrest by the judicial police
1. When an international arrest warrant is issued, the judicial police shall carry out the temporary arrest of the person.
2. The authority which has carried out the arrest shall immediately inform the prosecutor and the Minister of Justice. The prosecutor, within forty-eight days, shall make the arrested available to court of the territory where the arrest has taken place, sending also the relevant documents.
3. The court, within forty -eight hours from the submission of the request, shall validate it and impose a coercive precautionary measure, if the relevant requirements are met, or shall order the release of the arrested person. When the arrested person is an Albanian citizen and there is no bilateral agreement on extradition of citizens with the State where the arrest warrant was issued, the court shall order his immediate release. The decision issued by the court shall be notified to the Minister of Justice.
4. The arrest shall be revoked in case the Ministry of Justice does not request, within ten days from the approval, its continuance.
5. The copy of the decision issued by the court regarding the coercive measures and sequestrations, pursuant to these articles, shall be notified to the prosecutor, interested person and his defence lawyers, who may file an appeal to the court of appeal.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.