GENERAL PROVISIONS
Article 5 Restrictions of the personal freedom
3. Persons convicted to imprisonment are ensured human treatment and moral rehabilitation.
TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXECUTION OF DECISIONS
Article 462 Enforceable decisions
1. The sentence of the court is brought for enforcement immediately after becoming final.
2. The decision of acquittal, exclusion of the tried person from punishment and the one for the dismissal of the case are brought for enforcement immediately after their announcement.
3. The following are final decisions:
a) the first instance court decision when it is not appealed by the parties within the legal time limit, when it is non-appealable or when the appeal is not admitted for the reasons provided for in article 420 of this Code. In cases with co-defendants, the decision shall become final for the defendant who has not filed an appeal, notwithstanding the appeal of other co-defendants, provided that the prosecutor has not filed an appeal. When the prosecutor has not filed an appeal and the case is examined on the basis of the appeal of other co-defendants, the decision shall become final for the defendant who has not filed an appeal in a trial with co-defendants, notwithstanding the appeal filed with by the other co-defendants;
b) the decision of the appeal court, when it finally settles the case, pursuant to letters “a”, “b” and “c” of paragraph 1, of article 428 of this Code;
c) the decision of the High Court in the cases of extradition and transfer of the sentenced persons.
4. The way of execution of the criminal decisions is regulated by special law.
TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXECUTION OF DECISIONS
Article 464 Execution of imprisonment sentences
1. In order to execute an imprisonment decision, the prosecutor issues an order of execution.
2. The order of execution contains the personal data of the convicted person, the dispositive of the decision and the necessary rulings on execution.
3. When the convicted person is under precautionary detention in prison, the order is sent to the state authority that administers the prisons and is notified to the interested person, whereas when the convicted person is not under precautionary detention in prison, his/her imprisonment shall be ordered.
4. It is proceeded in The same way in cases of the enforcement of decisions of compulsory hospitalisation in medical or educational institutions.
TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXECUTION OF DECISIONS
Article 467 Execution of a fine decision
1. Decisions containing a fine penalty are executed by the bailiff’s office.
2. When it is proven the impossibility to execute a fine penalty, in whole or in part, the prosecutor files a request to the court that has issued the decision to make the conversion. Upon request of the convicted person, the court may postpone the conversion up to six months. Such period is not calculated in the prescription time limits.
3. The decision of conversion is subject to appeal, which suspends its execution.
TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION I EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 512 Recognition of foreign criminal decisions
1. The Ministry of Justice, when receiving a criminal decision issued abroad for Albanian or foreign citizens or persons without citizenship, but residing in the Albania or for persons proceeded criminally in the Albania shall send to the prosecutor at the district court of the person’s domicile or residence a copy of the decision and of the relevant documents, along with the translations in Albanian language.
2. The Ministry of Justice requests the recognition of a foreign criminal decision when it deems that pursuant to an international agreement, such decision must be executed or recognised for other effects in the Albania.
3. The prosecutor shall submit a request to the district court for the recognition of the foreign decision. he may request the necessary information from foreign authorities, through the Ministry of Justice.
TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION I EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 516 Determining the sanction
1. When recognising a foreign decision, the court determines the punishment to be served in the Albanian state. It converts the punishment imposed in the foreign decision into one of the punishments provided for the same fact by the Albanian law. This punishment must correspond, by nature, to the one which has been established in the foreign decision. The length of the punishment may not exceed the maximum term provided for the same fact by the Albanian law.
2. When the foreign decision does not specify the length of the punishment, the court establishes it based on the criteria indicated in the Criminal Code. In no case the imposed punishment may be higher than the one imposed by the recognized criminal decision.
3. When the execution of the punishment rendered in a foreign state has been conditionally suspended, the court, with the decision of recognition, in addition to other issues, rules also on the conditional suspension of the punishment. the court does the same when the defendant has been conditionally released in the foreign country.
4. In order to establish a punishment by fine, the amount indicated in the foreign decision shall be converted in equal value into Albanian currency, applying the exchange rate of the day on which the recognition was decided.
5. The decision of recognition regarding the execution of a confiscation shall also order the execution of the confiscation.
TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION I EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 518 Execution of the foreign decision
1. After being recognised, the criminal decisions of foreign courts are enforced in conformity to Albanian law.
2. The prosecutor in the court that has made the recognition of a decision takes the measures for its execution.
3. The imprisonment sentence served in the foreign country is calculated for the effects of the execution.
4. The monetary proceeds of the execution of a fine decision are deposited into the bank of Albania. It may be deposited with the state where the decision was issued, upon its request, whenthat state, under the same circumstances would have decided the deposit in favour of the Albanian state.
5. The confiscated items shall be delivered to the Albanian state. They are delivered, upon its request, to the state where the decision subject to recognition is issued, when the latter, under the same circumstances would have decided the delivery in the Albanian state.
TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION II EXECUTION ABROAD OF THE ALBANIAN CRIMINAL DECISIONS
Article 519 Requirements for executing abroad
1. In cases provided by international conventions or by article 501, paragraph 2, the Ministry of justice requests the execution abroad of the criminal decisions or gives the consent when it is requested by a foreign state.
2. The execution abroad of a criminal conviction decision with restriction of the personal freedom may be requested or permitted only if the convicted person has become informed of the consequences, has declared freely that he gives his consent and when the execution in the foreign state is appropriate to his social rehabilitation.
3. The execution abroad is also allowed when there are conditions provided by paragraph 2, if the convicted person is in the territory of the state to whom the request has been addressed and the extradition has been rejected or anyway is not possible.
Article 520 Court decision
1. Before requesting the execution of a decision abroad the Ministry of Justice shall send the acts to the prosecutor, who shall submit a request to the court.
2. the consent of the convicted person should be given before the Albanian court. In case he is abroad the consent may be given before the Albanian consular authority or before the foreign court.
Article 521 Cases when execution of the sentence abroad is not allowed
1. The Minister of Justice cannot request the execution abroad of a criminal decision by restriction of personal freedom when there are grounds to believe that the convicted person shall be subject to persecution or discrimination acts by reason of race, religion, nationality, language or political opinions or inhuman, cruel or degrading punishment and treatment.
Article 522 Request for precautionary detention in prison abroad
1. When it is requested the enforcement of a decision restricting the personal freedom and the convicted person is abroad, the Ministry of Justice shall request his precautionary detention in prison.
2. With the request for the execution of a confiscation the Ministry of Justice has the right to request the sequestration of items which can be confiscated.
Article 523 Suspension of Execution in the Albanian State
1. The execution of the sentence in the Albanian state is suspended once the execution in the foreign state has started.
2. The sentence may no longer be enforced in the Albanian state when, pursuant to the foreign countries laws, it has been entirely served.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.