TITLE IV EVIDENCE
CHAPTER II TYPES OF EVIDENCE
SECTION I TESTIMONY
Article 153 Object and limits of testimony
1. The witness shall be questioned on the facts constituting the object of evidence. He shall not testify on the morality of the defendant, unless such testimony concerns facts that may be suitable for qualifying his/her character relating to the criminal offence and his/her social dangerousness.
2. The witness questioning may also be extended to relations of kinship and any interests that exist between the witness and the parties or other witnesses and to circumstances that need to be ascertained to assess his/her reliability. The testimony on the facts that may be useful in defining the victim’s character shall be admitted only if the charge against the defendant must be evaluated relating to the victim’s behaviour.
3. The witness shall be questioned on specific facts. He shall not testify on public rumours nor give his/her personal opinions, unless they are an inseparable part of the testimony on facts.
Article 154 Indirect (hearsay) testimony
1. If a witness refers to facts he has been told of by other persons, the court, upon request of a party or exofficio, shall order to summon these persons to testify.
2. Failure to comply with the provisions of paragraph 1, results in the non-usability of the statements related to the facts of which the witness has been informed by other persons, unless the questioning of these persons is impossible because they are dead, seriously ill or untraceable.
3. A witness shall not be questioned on facts heard from the persons who are obliged to keep their professional or state secret, unless the aforementioned persons have made statements on the same facts or have disclosed them in some other way.
4. The testimony of persons who refuse or are not able to indicate the person or source that informed them of the facts under questioning shall not be used.
CHAPTER II TYPES OF EVIDENCE
SECTION I TESTIMONY
Article 156 Incompatibility with the witness’s role
1. The following persons shall not be questioned as witnesses:
a) persons who, due to physical or mental disabilities, are not able to render regular testimony;
b) persons co-accused of the same offence or accused in joint proceedings, if a decision of non- initiation of the proceedings, dismissal or conviction has been issued against them, including the cases of plea bargaining and criminal order of conviction, except for the cases when the decision of acquittal has become final;
c) the persons who in the same proceedings perform or have performed the function of judge or prosecutor;
ç) the civil defendant and the person with civil liability for the damages caused by the defendant.
2. The rule provided for under letter “b”, of paragraph 1, does not apply for the collaborator of justice, who is always questioned as a witness, pursuant to Article 36/a of this Code.
CHAPTER III TOOLS FOR SEARCHING EVIDENCE
SECTION I EXAMINATIONS
Article 198 Cases and forms of examination
1. Examination of persons, places and items shall be decided by the proceeding authority when it is necessary to discover the traces and other material effects of a criminal offence.
2. Where the criminal offence has left no traces or material effects or when those have been destroyed, lost, altered or moved, the proceeding authority shall describe their state and, where possible, verify the state they were prior to changes and also take measures to ascertain the method, time and causes for the changes which might have possibly occurred.
3. The proceeding authority may order photography or video recording and or any other technical act.
TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION III OBTAINING OF EVIDENCE
Article 361 Questioning of witnesses
1. The questioning of the witnesses is made initially by the prosecutor or the defense lawyer or representative who has requested the questioning. Then, the questioning continues by the parties, in order.
2. The one who has requested the questioning may ask questions even after the other parties have terminated theirs.
3. The party requesting the questioning shall not be allowed to make questions that influence negatively on the impartiality of the witness or that intend to suggest the answers.
4. The presiding judge may allow the witness to look at the documents prepared by the witness in order to help his memory.
6. During the questioning of the witness, the presiding judge may ask questions and, when appropriate, intervene to insure orderly questioning, truthfulness of the answers, the accuracy of questions and objections, as well as to guarantee respect for the person.
7. The witness may be questioned at distance, within the country or abroad, through audio-visual links, in compliance with rules provided by international agreements and provisions of this Code. The person authorized by the court shall remain at the witness’s location, certifies his/her identity, and ensures the correct process of questioning and of the implementation of protective measures. these actions are reflected in the minutes.
8. The victims of the sexual criminal offences, trafficking or other domestic violence offences, upon their request, may be questioned as witnesses through audio and audio-visual tools.
TITLE IX EXECUTION OF DECISIONS
CHAPTER II INTERNATIONAL ROGATORY LETTERS
SECTION I ROGATORY LETTERS FROM ABROAD
Article 508 Summoning of witnesses requested by a foreign authority
1. The summoning of the witnesses, who have their residence or domicile in Albania, to appear before the foreign judicial authority, are sent to the prosecutor of the relevant district, who takes measures for the notification, acting in the same way as for the notification of the defendant in free state.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(c) The questioning of any person being investigated or prosecuted;