Identification and whereabouts of persons - national proceedings

Republic of Albania

Albania - Criminal Procedure Code 1995 (2017) EN

Article 141 Serving notification to a defendant who cannot be found
1. In cases Where notice cannot be served pursuant to the rules on serving notification to the defendant in free state, the proceeding authority shall order the conduct of a search operation for the defendant. If the search does not give any positive result, a decision of failure to find shall then be issued, by which after appointing a defense lawyer for the defendant, it shall be ordered that a copy of the notification is delivered to such defense lawyer. The person who cannot be found shall be represented by the defense lawyer.
2. The decision of not being found shall cease to have effects when the preliminary investigations are concluded or a ruling has been issued by the court.
3. The notification addressed to the defendant who is hiding or escaping shall be served by delivering a copy of the document to his/her defense lawyer and when he does not have a defense lawyer, the proceeding authority shall appoint a defense lawyer exofficio, to represent the defendant.

Article 142 Notification of a defendant abroad
1. In cases where the defendant’s domicile or residence abroad is known, the proceeding authority shall send him a registered mail with acknowledgment of receipt, by which he notifies him for the criminal offence he is charged with and asks him to state or choose a domicile in Albanian territory. If, after three days from receiving the registered mail, no domicile statement or election is made or is not so notified, the notification shall be served by delivery to the defense lawyer.
2. Where the defendant is notified pursuant to paragraph 1, he shall be invited to declare or to elect the domicile in the Albanian territory. The notification effected at the declared address shall be considered accomplished.
3. If it results that there is no sufficient information to act pursuant to paragraph 1, the proceeding authority, before issuing a decision of intractability, shall order that searches are conducted even outside of the territory of the State, pursuant to rules established in international agreements.

Article 171 Recognition of persons
1. When the need for proceeding with the recognition of a person emerges, the proceeding authority shall invite the one who is to make the recognition to describe the person indicating all the signs he remembers and ask him whether he has been called earlier to make the recognition and about the other circumstances that might have an impact on the authenticity of the recognition.
2. Noted down in the minutes shall be the Actions provided for in paragraph 1 and the statements made by the person making the recognition. When possible, the recognition procedure shall be photographed or recorded.
3. Where the recognition is made by a minor or to a minor, the presence of the psychologist shall be mandatory. The proceeding authority shall carry out the recognition in such a way that the person to be recognised does not see or hear the minor.
4. The recognition shall occur at the presence of the defence lawyer.
5. Failure to observe the provisions provided for in this Article shall result in the invalidity of the recognition.

Article 172 Carrying out a recognition procedure
1. after taking away the person who will do the recognition, the proceeding authority shall ensure at least two persons resembling as much as possible to the person to be recognised. It invites the latter to choose his/her location in relation to the others, and ensuring that he is presented as much as possible, in the same conditions under which he would have been seen by the person called to make the recognition. After the person to make the recognition appears, the court shall ask him whether he knows anyone of those presented for recognition, and if yes, invites him to show the one he knows and to specify whether he is sure.
2. Where there are reasons to believe that the person being called to make the recognition might be intimidated or have other impacts form the presence of the person to be recognised, the proceeding authority shall order the procedure to be conducted without the latter seeing the former.
3. The recognition method is indicated in the minutes, under penalty of invalidity. The proceeding authority may order that the recognition procedure be documented also through pictures or video footages.

Article 172/a Obligation to be involved in recognition
1. The persons being summoned shall be obliged to participate at the procedure of recognition.
2. The proceeding authority may order the forced escorting for the person summoned duly and not appearing at the venue, day and time set out for the recognition without having reasonable grounds.
3. The forced accompaniment of a minor is prohibited when proceeding pursuant to paragraph 3, of Article 171, of this Code.

Article 173 Recognition of items
1. When the recognition of material evidence or other items related to the criminal offence is needed, the proceeding authority shall act in compliance with the rules for recognition of persons to the extent they are applicable.
2. After finding out, where possible, at least two similar things to the one to be recognised, the proceeding authority shall ask the person called to make the recognition whether he recognises any of them and, if yes, invite him to state which of them he recognises and to specify whether he is sure.
1. The recognition method is indicated in the minutes, under penalty of invalidity.

Article 174 Other recognitions
1. In case where the recognition of voices, sounds or any other things that may be subject to perception by senses is ordered by the proceeding authority, it shall act in compliance with the rules on identification of persons to the extent they can be applied.

Article 175 Recognition of or by more persons
1. If more persons are called to make the recognition of the same person or thing, the proceeding authority shall conduct actions separately, by prohibiting any communication between the one who has completed the recognition and those who must do it afterwards.
2. If a person must carry out the recognition of more persons or items, the proceeding authority shall order that the person or item to be recognised is placed among the different persons or items.
3. Provisions of articles 171, 172, 172/a and 173 shall apply.

Article 247 Search of the person who cannot be found
1. When the person against whom a measure has been issued is not found, the judicial police officer or agent shall keep minutes to indicate the searches conducted and shall send it to the court that has issued the decision.
2. When the court believes that the searches are complete, declares the person escaped.
3. With the act declaring the person escaped, the court assigns a defense lawyer to the escaped person and orders that a copy of the decision applying the enforced measure, be filed with the secretary.
3/1. Escaped person shall be considered whoever, despite being aware, voluntarily avoids the execution of the precautionary measures referred to in Articles 233, 235, 237 and 238 of this Code, or of the imprisonment sentence.
3/2. The procedural consequences of the escape shall operate only within the proceedings wherein it has been declared. The escape state shall be preserved until the precautionary measure has been enforced, revoked or has lost its effects, or when the criminal offence or penalty for which such measure was adopted has been extinguished.
4. The person leaving the place where he is being held under custody, shall be considered equal, for all purposes, to the escaped person.
5. To facilitate the search of the escaped person, the court may order the interception of telephone conversations and other forms of communication.

Article 313 Identification of persons and items
1. The prosecutor, if necessary, proceeds with the identification of persons, items or anything else, which can be subject to sense perceptions.
2. persons, items and other objects shall be visually presented or shown to the person that has to make the identification.
3. When there are founded reasons to believe that the person summoned to make the identification may be hesitant or influenced by the presence of the person under identification, the prosecutor takes measures for carrying out such activity without being seen by the one under identification.

Article 472 Doubt on the physical identity of the imprisoned person
1. In case of uncertainty on the identity of the person arrested in order to enforce the sentence, the court questions him, performs the investigations necessary for his identification and takes decision which is notified to the interested person.

Article 504 Request for Extradition
3. The Ministry of Justice may decide, for the purpose of extradition, the searching abroad for the proceeded or sentenced person and his temporary arrest.

Rome Statute

Article 93 Other forms of cooperation

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:

(a) The identification and whereabouts of persons or the location of items;