Competing request - same conduct - State not Party - no international obligation - case admissible

Republic of Albania

Albania - Criminal Procedure Code 1995 (2017) EN

TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION I EXTRADITION ABROAD
Article 489 Request for extradition
3. When more requests for extradition concur, the Minister of Justice sets the order of review. He takes into consideration all the circumstances of the case and, particularly the date of the reception of the request, the importance and the place where the criminal offence is committed, the citizenship and the domicile of the person subject to request, as well as the possibility of a re-extradition by the requesting country.
4. In case for a sole offence the extradition is requested simultaneously by several countries he/she shall be transferred to the country subject to the criminal offence or to the country within which territory has been committed the criminal offence.

Rome Statute

Article 90 Competing requests

4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.