CHAPTER IV
RECOGNITION AND EXECUTION OF CRIMINAL DECISIONS
SECTION I
EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 53
General provisions
1. The Ministry of Justice and the local judicial authorities apply the rules of the Code of Criminal Procedure and of this law for the recognition and execution of foreign criminal decisions.
2. The decision of a foreign court for a sentence of imprisonment may be recognised:
a. at the request of the sentencing state, when the convicted person is an Albanian citizen and has a residence or domicile in Albania; and
b. at the request of an Albanian citizen who is serving a sentence in the sentencing state, for transfer and continuation of serving the sentence in Albania.
3. When a request comes from the sentencing state in a foreign language for the recognition of a foreign criminal decision, the Ministry of Justice may ask the sentencing state for its translation into the Albanian language. If the translation is done by the Ministry of Justice, evidence is taken of the expenses of translation to be included as a part of the procedural expenses.
4. The Ministry of Justice sends the acts within 30 days of their receipt to the prosecutor of the district of the residence or domicile of the person, through the General Prosecutor.
5. The prosecutor submits a request in court within 10 days from receipt of the acts. If the court that has received the acts finds that it is not competent to take a decision, it declares its lack of competence and sends the acts to the competent court, notifying the Ministry of Justice at the same time.
CHAPTER IV
RECOGNITION AND EXECUTION OF CRIMINAL DECISIONS
SECTION I
EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 54
Requests for recognition and execution of foreign criminal decisions
1. In addition to the conditions provided in article 514 of the Code of Criminal Procedure, a foreign criminal decision is recognised and executed when the following conditions are also met:
a. at the time of submission of the request for recognition in the Ministry of Justice, at least six months of imprisonment have remained for the sentenced person to serve;
b. the execution of the conviction decision has not been prescribed on the basis of the domestic legislation.
CHAPTER IV
RECOGNITION AND EXECUTION OF CRIMINAL DECISIONS
SECTION II
EXECUTION OF ALBANIAN CRIMINAL DECISIONS OUTSIDE THE STATE
Article 62
Conditions of execution
1. In addition to the conditions provided in article 529 of the Code of Criminal Procedure, the Ministry of Justice also seeks the recognition and execution of criminal decisions from a foreign state when:
a. a criminal decision given by a local judicial authority cannot be executed within Albanian territory; or
b. the execution of a criminal decision outside the state may serve a better social rehabilitation of the convicted person.
2. In submitting this request, the Ministry of Justice bases itself on the information and documents forwarded from the General Prosecutor.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.