Service of documents - national proceedings

Republic of Albania

Albania - Criminal Procedure Code 1995 (2017) EN

Article 139 Notification to the imprisoned defendant
1. Notification to the imprisoned defendant shall be served to the detention premises by handing him over the act.
2. If the defendant refuses to receive copy of the act or when the defendant is missing for justified reasons, the act shall be delivered to the person in charge of the institution who, in such case, shall notify the interested person with the fastest means.
3. The abovementioned provisions shall also apply in case the defendant is in pre-trial detention due to any other charge or is serving an imprisonment sentence.
4. If a detained person is released due to a change of the precautionary measure, he shall be obliged to declare or elect his/her domicile. This shall be noted in the release document and notified to the proceeding authority. If notification in the declared or elected domicile is not possible, the act shall be delivered to the defense lawyer.

Article 140 Serving the notification to a defendant in free state for the first time
1. The notification for the first time to a defendant in free state is made by personally delivering to him a copy of the document along with the letter of rights pursuant to Article 34/a of this Code. When it cannot be delivered to him in person, the notification is served to his/her residence or working place, by delivering the document to a cohabitee or to a neighbour, or to a person who works with him. The notification act must indicate the personal data of the person receiving the notification and his/her relationship with the defendant.
2. Where the places mentioned in paragraph 1 are not known, the notice is served to the temporary residence of the defendant or to a venue where he frequently resides, by delivering it to one of the persons mentioned in paragraph 1.
3. The copy of the notification may not be delivered to a less than 14 year of age or to a person with manifest intellectual disabilities.
4. If the defendant is a minor, he shall normally be notified through his/her parents or his/her legal guardian, as well as pursuant to the special legislation on minors.
5. Where the persons mentioned in paragraph 1 are absent or are not suitable, or refuse to accept the document, then the defendant is searched in other places. If even in this way the notice cannot be served, the document is delivered to the administrative centre of the neighbourhood or village where the defendant lives or works. The notice of depositing [the act/document] is posted on the door of defendant’s house or working place, on posting corner and on the website of the court. The court dispatcher notifies him on the depositing [of the act] through registered mail with acknowledgment of receipt. Effects of the notification start to run from the time of receipt of the registered mail.
6. Notification of the defendant who is serving in the military service is made by delivering him the document and if the delivery cannot be made, the document is notified to the command, which is obliged to promptly notify the concerned person.
7. By the act of notification for the first time, the proceeding authority shall invite the defendant to declare or elect the residence or domicile and the form of upcoming notifications for the purposes of proceedings. The defendant is obliged to notify in written form or declare before the proceeding authority any of their change.

Article 140/a Notification of the legal entity as a defendant
1. The notification of the legal entity as a defendant shall be done at its registered office. The person who receives the notification shall note in the act of notification his/her identity, the function he is performing with the legal entity and the date of receipt of the notification.
2. If the notification pursuant to the paragraph above is not possible, it shall be done by posting the notification at the declared address of the registered office, at the posting corner of the court, on its webpage and through the announcement on the website of the Business National Centre in cases of the legal persons being registered in the commercial register.

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 142/a Notification of foreign persons enjoying immunity
1. Unless otherwise provided by international agreements, the notification of foreign persons enjoying immunity under the international law shall be done through the ministry responsible of foreign affairs.

Article 143 Invalidity of notifications
1. Notification shall be invalid:
a) if the act has not been notified in full, except for the cases where the law allows for a service of notification through an extract;
b) if in the copy of the notified document, the signature of the person who has served th notification is missing;
c) if the specific provisions on the person to whom the copy shall be delivered, are breached;
ç) if the posting of the notification for the defendant in free state has not been carried out;
d) if in the original copy of the notified document, the signature of the person who has undertaken the notification pursuant to article 140, paragraph 1, is missing;
dh) if the methods of notification by means of special technical instruments have not been observed and as a result the recipient of the notification did not receive the act.

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:

(d) The service of documents, including judicial documents;

(i) The provision of records and documents, including official records and documents;