CHAPTER IV
RECOGNITION AND EXECUTION OF CRIMINAL DECISIONS
SECTION I
EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 55
Documents that should be attached to the request of the sentencing state
1. The Ministry of Justice submits to the sentencing state a request to complete the documentation, without forwarding the acts to the local judicial authorities, if the request of the requesting state is not accompanied by the following documents:
a. the original or an identical [lit. unified] copy of the criminal decision with the determination that it is final;
b. the general data of the convicted person, also including data about his citizenship, residence and domicile, place of birth, as well as other data that might be important for determining the competent court that will decided on the request;
c. data about the execution of the decision rendered, including information about the time spent in detention and/or serving the sentence of imprisonment; รง. a copy of the legal provisions on which the decision sought to be recognized is based;
d. a summary submission of what happened in [lit. of the progress of] the criminal proceeding.
2. When the Ministry of Justice finds that the documentation is complete, within 20 days it sends it to the competent prosecutor, through the General Prosecutor.
3. If the sentencing state does not submit the documents requested within three months, the request and the acts are returned to the sentencing state. However, the procedure begins again if the request and acts completed by the sentencing state are submitted again.
4. The request for completion of documentation may also be submitted by the local judicial authorities if they find such a thing during the examination of the request.
This request is forwarded through the Ministry of Justice. This rule is not applicable if it is provided otherwise in a binding international agreement.
CHAPTER IV
RECOGNITION AND EXECUTION OF CRIMINAL DECISIONS
SECTION I
EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 57
Manner of proceeding by the court
1. Within 10 days from the deposit of the request of the prosecutor, the judge of the case sets the date of the judicial session and orders the notification of the parties.
2. The session is held with the mandatory participation of the prosecutor and the defence attorney.
3. In taking the decision on the request, the court takes account of the facts found in the foreign decision.
4. In setting the sentence, as well as relying on the Albanian criminal legislation, the court respects the conditions of article 516 of the Code of Criminal Procedure, also reasoning the circumstances evaluated.
5. The rules of the Code of Criminal Procedure are applicable for depositing the decision in the secretariat and giving notice of it.
6. The decision may be appealed to a court of a higher level by the prosecutor, the convicted person or his defence attorney within 10 days from its announcement or notification .
CHAPTER IV
RECOGNITION AND EXECUTION OF CRIMINAL DECISIONS
SECTION I
EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 59
Execution of a foreign criminal decision
After recognition, the foreign criminal decision is executed in conformity with article 518 of the Code of Criminal Procedure.
Article 60
Execution of foreign decisions in case of transfer for continuation of serving of the
sentence
1. An Albanian citizen who is serving a sentence of imprisonment in a foreign state may, at his request, be transferred to Albania to continue serving the sentence of imprisonment after the decision has been recognised by the local judicial authorities.
2. If the sentencing state subjects the act by which the convicted person has received notification about the recognition decision, the Ministry of Justice forwards this act of notification to the General Prosecutor and the court that has given the recognition decision.
3. After the foreign criminal decision has been recognised and the competent authorities of the sentencing state have accepted the transfer of the convicted person, the taking of measures begin for transferring the convicted person from the sentencing state to Albania, applying, to the extent possible, the rules for the surrender of an extradited person.
4. The manner of paying and the division of the expenses of transfer is defined by joint instructions of the Minister of Finance, the Minister of the Interior and 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.