Provisional arrest

Republic of Albania

Albania - Criminal Procedure Code 1995 (2017) EN

Article 227 Classification of personal precautionary measures
Personal precautionary measures are classified in coercive and interdicted measures.

Article 228 Requirements for the application of personal precautionary measures
1. No one may be subjected to personal precautionary measures unless there exists a reasonable suspect against him, based on evidence.
2. No measure can be applied if there are reasons for impunity or extinction of the criminal offence or of the penalty.
3. Personal precautionary measures shall be adopted:
a) when important reasons exist that put in danger the obtainment or the authenticity of evidence, based on factual circumstances that must be expressly set out in the reasoning of the decision;
b) when the defendant has fled or there is a risk that he might do so;
c) when, by reason of the particular circumstances of the fact and of the defendant’s character, there exists the risk that he would commit serious criminal offences similar to the one he is being prosecuted for.

Article 229 Criteria for establishing personal precautionary measures
1. In establishing any precautionary measures, the court shall consider the suitability of each of them with the level of precautionary needs in the actual case.
2. Each measure must be proportionate to the seriousness of the facts and to the sanction foreseen for the concrete criminal offence. The continuity, repetition and as well as mitigating or aggravating circumstances provided for by the Criminal Code shall also be considered. A pre-trial detention measure cannot be ordered if the court deems that, for the crime committed, a conditional sentence could be issued.
3. If the defendant is a minor, the court shall consider his/her highest interest and the request for an uninterrupted concrete educational process.

Article 230 Special criteria for establishing the pre-trial detention
1. Pre-trial detention may be ordered only when all other measures are found inadequate because of the particular danger of the criminal offence and of the defendant.
2. Pre-trial detention cannot be ordered against a woman who is pregnant or has a child under the age of 3 years living with her, a person being in a particularly serious health state or who is older than seventy years or a drug-addicted or alcoholic person, who is undergoing a therapeutic programme by a special institution.
3. In the cases referred to in paragraph 2, pre-trial detention may be ordered only where there are reasons of a special importance and for crimes, which are punishable not less than ten years’ imprisonment in the maximum term.
4. Minors accused of a criminal misdemeanour may not be arrested.

Article 231 Replacement or joining of personal precautionary measures
1. In case of breach of the obligations concerning a precautionary measure, the court may order its replacement or joining with another more severe precautionary measure, considering the seriousness, reasons and circumstances of the breach. For the breach of obligations related to an interdicted measure, the court may decide its replacement or joining with a coercive measure.

Article 245 Court decision
1. The decision establishing a precautionary measure shall contain, under penalty of invalidity:
the personal data of the person subject to the precautionary measure or anything else suitable to identify him and, where possible, indication of the place where he is;
b) a summary description of the facts, indicating the legal provisions considered as violated;
c) presentation of the specific reasons and data legitimating the precautionary measure;
ç) presentation of the reasons for not accepting defense claims and, in case any of the coercive precautionary measures referred to in Articles 237, 238 and 239 of this Code has been adopted, presentation of the reasons for deeming inadequate the other precautionary measures;
determination of the measure duration, when it has been ordered to ensure the collection or the securing of evidence;
d) dh) the date and signature of the presiding judge, those of the assisting secretary and the seal of the court.
2. Where the criminal offence has been committed by two or more persons, the court shall rule by the same decision, providing reasons for the conditions and criteria for each of them.

Article 515 Coercive measures
1. Upon request of the prosecutor, the court that is competent for the recognition of a foreign decision may impose a coercive measure to the convicted person who is in the Albanian territory. When imposing coercive measures, the provisions of title V of this Code shall apply, to the extent applicable.
2. The court, within three days from the execution of the coercive measure, takes measures for the identification of the person and notifies him immediately about the right to have a defence lawyer.
3. The coercive measure imposed under this article shall be revoked when from the start of its execution three months have passed without a decision of recognition is issued by the district court or six months without such decision has become final. If an appeal is filed with the Court of Appeal or the High Court, the coercive measure shall be revoked if trial has not been finalized within 3 months from the receipt of acts respectively from each court.
4. Revocation and replacement of the coercive measure is decided by the district court.
5. copy of the decision issued by the court is notified, after the execution, to the prosecutor, the person convicted by a foreign court and to his defence lawyer, 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.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.