1 General Part
Chapter 1- Criminal Law and its Application
Article 11- Extradition
Extradition may be permitted only when explicitly provided for by international treaties where the Republic of Albania is a party.
Extradition shall be permitted when both Albanian law and foreign law provide for the criminal act, which constitutes the object of the request for extradition, as such simultaneously.
Extradition shall not be granted:
a) if the person to be extradited is an Albanian citizen, unless otherwise provided for by the treaty;
b) if the criminal act constituting the object of the request for extradition is of a political or military nature;
c) when there is reasonable ground to believe that the person requested to be extradited will be prosecuted, punished or wanted because of his political, religious, national, racial or ethnic beliefs;
d) if the person requested to be extradited has been tried for the criminal act for which a competent Albanian court demands the extradition.
TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION I EXTRADITION ABROAD
Article 488 Meaning of extradition
1. The transfer of a person to a foreign country to execute an imprisonment decision or the delivery of an act, which proves his proceedings for a criminal offence, can be made only by means of extradition.
Article 489 Request for extradition
1. The extradition is permitted only upon request submitted to the Ministry of Justice.
2. The request for extradition are attached:
a) the copy of the imprisonment conviction decision or of the proceedings’ acts;
b) a report of the criminal offence in charge of the person subject to extradition indicating the time and the place of the commission of the offence and its legal qualification;
c) the text of legal provisions to be applied, indicating whether for the criminal offence subject to extradition the law of the foreign country provides death penalty.
d) personal data and any other possible information which is useful to define the identity and the citizenship of the person subject to 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.
Article 490 Conditions on extradition
1. The extradition is allowed under the express condition that the extradited person shall not be prosecuted, shall be not convicted nor he/she shall be transferred to another country for a criminal offence which has occurred before the request for extradition and which is different from the one for which extradition is granted.
2. The requirements of paragraph 1 shall be not considered :
a) when the extraditing party gives express consent that the extradited is prosecuted even for another criminal offence and the extradited does not oppose;
b) when the extradited, although he/she was able, has not left the territory of the country to which he/she has been transferred, after forty-five days from his release or when after leaving it, he/she has returned voluntarily.
3. The Ministry of Justice may impose even other conditions which it considers as appropriate, without exceeding the provisions of the international acts to which Albania is part of and the reservations and legal declarations.
Article 491 Non-admissibility of the request for extradition
extradition may not be granted:
a) for an offence of political nature or when it results that it is requested for political reasons;
b) when there are grounds to think that the requested person shall be subject to persecution or discrimination due to race, religion, sex, citizenship, language, political belief, personal or social state or cruel, inhuman or degrading punishment or treatment or acts which constitute violation of fundamental human rights;
c) when the requested person has committed a criminal offence in Albania;
ç) when the proceeding is initiated or tried in Albania, although the offence is committed abroad;
d) when the criminal offence is not foreseen as such by the Albanian legislation;
dh) the Albanian state has issued an amnesty for this criminal offence;
e) when the requested person is Albanian citizen and there is no agreement providing otherwise;
ë) when criminal prosecution or the punishment is prescribed under the law of the requested state.
f) when the requested person is tried in absentia, except in case the requesting State provides safeguards for the revision of the decision.
Article 492 Actions of the prosecutor
1. Unless the Ministry of Justice refuses a request for extradition sent by a foreign State, it shall, within 10 days, forward the acts to the prosecutor attached to the competent court, through the Prosecutor General.
2. The prosecutor, after receiving the request, orders the appearance of the interested person in order to identify him and to obtain his eventual consent for the extradition. The interested is explained the right to be assisted by a defence lawyer.
3. The prosecutor, through the Minister of Justice, requests from the foreign authorities the documents and the information which he considers necessary.
4. Within three months from the date on which the request for extradition has arrived, the prosecutor submits the request to the court for examination.
5. The request of the prosecutor shall be deposited in the secretary of the court along with the acts and sequestered items. The secretary office shall take care of the notification of the person subject to extradition, his defence lawyer and the possible representative of the requesting country who, within ten days, have the right to access to the documents and to issue copies of them as well as to examine the sequestered items and to present memoranda.
Article 493 Coercive measures and sequestrations
1. Upon request of the Ministry of Justice, presented through the prosecutor, coercive measures and sequestration of the material evidence and of the items related to the criminal offence for which extradition is requested, may be imposed against the person subject to extradition.
2. The imposing of the coercive measures shall be regulated by the provisions of the title V of this Code, mutatis mutandis, keeping in consideration the requirements to guarantee that the person for whom extradition has been requested shall not escape from transferring.
3. The coercive measures and the sequestration shall be not imposed when there are reasons to believe that the requirements to provide a decision in the favour of extradition do not exist.
4. The coercive measures are revoked when within three months from the start of their execution it has not terminated the proceedings before the court. Upon the request of the prosecutor the time period can be prolonged, but not longer than one month, when necessary to make particularly complex verifications. If an appeal is filed with the Court of Appeal or the High Court, the coercive measure shall be revoked if trial has not been finalized within 3 months from the receipt of acts respectively for each court.
5. The competent court to render a decision pursuant to the above paragraphs, is the district court or, during the proceedings before the court of appeal, the latter one.
6. The court examining the request for imposition of a coercive measure shall also examine the request for extradition. In any case, upon request of the Ministry of Justice, the court shall revoke the precautionary measure it has imposed.
Article 494 Temporary execution of coercive measures
1. Upon request of the foreign country, presented by the Minister of Justice through the prosecutor in the competent court, the court may impose temporarily a coercive measure before the request for extradition arrives.
2. The measure may be imposed when:
a) the foreign country has declared that the person has been subjected to a measure restricting his personal freedom or to a sentence by imprisonment and that it is going to present request for extradition;
b) the foreign country has presented detailed information on the criminal offence and sufficient elements for the identification of the person;
c) there exists a risk for him to escape.
3. The competency to impose the measure shall belong, respectively, to the district court in whose territory the person has the domicile, residence or the house or the court of the district where he is. In case the competence cannot be determined in the manners defined above, competent shall be the court of the judicial district of Tirana.
4. The court may also order the sequestration of the material evidence and of the items pertaining to the criminal offence.
5. The Ministry of Justice gives notice to the foreign country of the temporary execution of the coercive measure and of the possible sequestration.
6. The coercive measures are revoked if, within eighteen days after the arrest and anyhow in a maximum of forty days after the arrest, the request for extradition and the documents enclosed do not arrive to the Ministry of Justice.
Article 495 Arrest by the judicial police
1. When an international arrest warrant is issued, the judicial police shall carry out the temporary arrest of the person.
2. The authority which has carried out the arrest shall immediately inform the prosecutor and the Minister of Justice. The prosecutor, within forty-eight days, shall make the arrested available to court of the territory where the arrest has taken place, sending also the relevant documents.
3. The court, within forty -eight hours from the submission of the request, shall validate it and impose a coercive precautionary measure, if the relevant requirements are met, or shall order the release of the arrested person. When the arrested person is an Albanian citizen and there is no bilateral agreement on extradition of citizens with the State where the arrest warrant was issued, the court shall order his immediate release. The decision issued by the court shall be notified to the Minister of Justice.
4. The arrest shall be revoked in case the Ministry of Justice does not request, within ten days from the approval, its continuance.
5. The copy of the decision issued by the court regarding the coercive measures and sequestrations, pursuant to these articles, shall be notified to the prosecutor, interested person and his defence lawyers, who may file an appeal to the court of appeal.
Article 496 Hearing of the person under coercive measure
1. In case a precautionary measure is imposed, the court, as soon as possible and, anyway, not later than three days from the execution of the measure, shall make sure of the identity of the person and takes its possible consent to extradition, reflecting this in the minutes.
2. The court informs the interested person on the right to a defence lawyer and, in absence of the latter, appoints him a defence lawyer ex officio. The defence lawyer must be notified, at least twenty-four hours before for the abovementioned actions and has the right to participate to them.
Article 497 Hearing the extradition request
1. After the reception of the request of the prosecutor, the court fixes the hearing and notifies, at least ten days in advance, the prosecutor, the person subject to request for extradition, his defence lawyer and the eventual representative of the requesting state.
2. The court collects data and makes the necessary verifications and hears the persons summoned to appear before the trial.
Article 498 Court decision
1. The court renders a decision in favour of the extradition when there are serious indications of guilt, or when there is a final conviction decision. In such case, when there is a request of the Minister of Justice, presented through the prosecutor, the court orders the precautionary detention in prison for the person who should be extradited and who is in free state, as well as the sequestration of the real evidence and items which belong to the criminal offence.
2. The court renders the decision rejecting the extradition in cases provided for the non- acceptance of the request for extradition.
3. When the court renders the decision against extradition, the extradition cannot be executed.
4. The decision against the extradition prohibits the rendering of any subsequent decision in the favour of the extradition due to a new request submitted for the same facts by the same state, except when the request is based on elements that have not been evaluated by the court.
5. The decision of extradition regarding the request for extradition may be appealed to the court of appeal by the interested person, his defence lawyer, the prosecutor within 10 days.
Article 499 Rulings on extradition
1. The Ministry of Justice decides on the extradition within thirty days from the date the decision of the court has become final. After the expiration of this time period, even in case the decision is not issued by the Minister, the person for whom extradition is requested shall be released, if the requested person is subject to a coercive measure.
2. The person shall be released even in case the request for extradition is rejected.
3. The Ministry of Justice communicates the decision to the requesting state and, when this is favourable, the venue of person’s handing over, and the date by which it is expected to start. The time period of the person’s handing over is fifteen days from the fixed date and, upon motivated request of the requesting state, it may be also extended to fifteen other days. For reasons that do not depend on the parties it can be set another day for handing over, but always within the time limits established by this paragraph.
4. The extradition decision shall lose its effects and the extradited shall be released in case the requesting state does not proceed with the taking over of the extradited person, within the set time limit.
Article 500 Suspension of handing over
1. The execution of extradition is suspended when the extradited should be tried in the territory of Albanian State and must serve a punishment for criminal offences committed before or after that subject to extradition. But the Ministry of Justice, after listening the competent proceeding authority of the Albanian state or the one of the execution of sentence, might order the temporary handing over in the requesting state of the person subject to extradition, defining the time periods and the way how to operate.
2. The Ministry may agree that the rest of the punishment is served in the requesting state.
Article 501 Extending extradition and re-extradition
1. In case of new request for extradition, submitted after the handing over of the extradited person for a criminal offence occurred before the handing over, different from the one for which extradition was granted, the provisions of this chapter shall apply, to the extent applicable. statements of the extradited, made before the judge of the requesting State for the extension of the extradition shall be attached to the request.
2. The court proceeds in absentia of the extradited.
3. There shall not be any trial in case the extradited has accepted the extension of the extradition, by the statements provided for in paragraph 1.
4. The above provisions shall also apply in case the State, to whom the person has been handed over, requests the consent for re-extradition of the same person in another state.
Article 502 Transiting
1. The transit through the territory of the Albanian state of an extradited person from a state to another, is authorised, upon request of the latter, by the Ministry of 2. Justice, if the transfer does not impair the sovereignty, the security or other state interests.
The transit is not authorized:
a) when the extradition is granted for facts which are not provided as criminal offences by the Albanian law;
b) in the cases provided for by article 491, paragraph1;
c) when it is about an Albanian citizen, for whom the extradition in the state requesting the transit, would not be given.
3. The authorization is not required in case the transit is made by air ways and no landing in the Albanian territory is foreseen. But, when a landing occurs, the provisions regulating the precautionary measure shall apply, to the extent compatible .
Article 503 The costs of extradition
1. The expenses done in the Albanian territory are covered by the Albanian party, when there is no other agreement.
SECTION II EXTRADITION FROM ABROAD
Article 504 Request for Extradition
1. The Ministry of Justice is competent to request to a foreign state the extradition of a person under proceedings or convicted, against whom a measure restricting the individual freedom must be executed. To this purpose, the prosecutor at the court in whose territory the proceedings take place or the conviction decision is issued, makes a request to the Ministry of Justice, sending the necessary acts and documents. When the Ministry does not accept the request, it notifies the authority which has made it.
2. The Ministry of Justice is competent to decide on the conditions possibly imposed by the foreign country to grant the extradition, when they are not contrary to the main principles of the Albanian juridical order . The proceeding authority is obliged to respect the accepted conditions.
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.
4. Precautionary detention in prison served abroad, as a consequence of a request for extradition submitted by the Albanian state, shall be calculated as part of the imposed sentence, pursuant to the rules provided in Article 57 of the Criminal Code.
CHAPTER III
EXTRADITION
SECTION I
EXTRADITION FROM THE REPUBLIC OF ALBANIA
Article 31
Applicable law
The surrender of a person under investigation, a defendant or a convicted person toward a foreign state is done according to this law, the rules of Albanian legislation and international agreements to which the Republic of Albania is a party.
Article 32
Conditions for extradition
In addition to the conditions provided in the Criminal Code and the Code of Criminal Procedure, the extradition of a person toward to foreign state is permitted when the following conditions are also met:
a) Albanian legislation provides for the criminal offence for which the foreign state has imposed a coercive security measure, a sentence of imprisonment no less than one year;
b) the measure or remaining part of the sentence given by the final judicial decision is at least four months at the time of submission of the request for extradition;
c) criminal prosecution or the execution of the criminal sentence has not been prescribed according to the legislation of the requesting state;
ç) the conditions exist for starting the criminal proceeding again in the requesting state, although a criminal proceeding in Albania for the same criminal offence has been dismissed;
d) the requesting state gives guarantees that it will not give a sentence of death or, if it has given such a sentence, will not execute it.
dh) the person whose extradition is sought, at the time of submission of the extradition request, has not applied for or been granted asylum in Albania against the requesting state.
Article 33
Actions of the Ministry of Justice
1. When it does not refuse a request for extradition, the Ministry of Justice forwards it within 10 days to the prosecutor at the competent court, through the General Prosecutor. In complicated cases, because of the volume of the acts or the need for translation, this time period may be extended up to 15 days.
2. If it finds that not all the necessary acts have been attached to the request for extradition, but nevertheless reached the conclusion that it is not a case for refusal of the request, the Ministry of Justice acts according to article 11 of this law. The supplemental acts submitted by the requesting state are forwarded to the organ of the prosecutor’s office, translated,
Article 34
Actions of the prosecutor’s office
1. After receiving the request for extradition, the prosecutor within 10 days orders the interested party summoned for the purpose of identifying him and in order to receive his eventual consent to the extradition.
2. The order of summons of the prosecutor contains:
a) data about the time and place of appearance;
b) the right to select a defence attorney;
c) the reason for the summons, with a short summary of the facts; and also ç) a warning of the person’s being taken in obligatorily [lit. obligatory accompaniment of the person] in case of failure of the person to appear without lawful reasons.
3. The prosecutor documents the actions with the interested person in official written records according to the rules of the Code of Criminal Procedure.
4. Subsequently, the prosecutor respects the rules of the Code of Criminal Procedure for the submission of the request to court.
Article 35
Coercive measures and sequestrations
1. On receipt of an international arrest warrant from the Interpol Office, in which the purpose of the requesting state to extradite a foreign citizen is declared, the Ministry of Justice forwards it to the General Prosecutor within five days, in order to act according to the rules of the Code of Criminal Procedure.
2. The Ministry of Justice also acts in the same way on receipt of a request from a requesting state to order other coercive measures or for the sequestration of material evidence and objects that are the proceeds [lit. benefit] of the criminal offence as to which extradition has been or will be sought.
3. The General Prosecutor sends the acts to the prosecutor at the competent court, so that the latter will deposit the request in court no later than 15 days from the time of submission of the request of the requesting state.
4. In setting the coercive measures and the sequestration, the court respects the rules of the Code of Criminal Procedure.
5. The coercive measures and the sequestration are set if the international arrest warrant or request of the foreign state contains:
a) general personal information about the foreign citizen;
b) data about the foreign judicial authority who has issued the international arrest warrant or a copy of the act by which the coercive measure or sequestration was ordered;
c) data about the criminal offence for which the coercive measure or sequestration is sought; and
ç) the declaration of the requesting state that it will submit a request for extradition.
6. The General Prosecutor notifies the Ministry of Justice of the setting of the coercive measures and sequestrations according to this article within five days from the date of announcement of the judicial decision.
7. The Ministry of Justice notifies the requesting state within 10 days from the date of announcement of the judicial decision.
8. The coercive measures are revoked according to the time periods defined in articles 493 point 4 and 484 point 6 of the Code of Criminal Procedure. Those time periods begin to run from the time defined in those articles, even if the person whose extradition is sought has been detained on the basis of another judicial decision.
9. When the coercive measures set before the submission of the request for extradition are revoked because of the end of the time periods, a coercive measure cannot be set again against the person, except when the requesting state submits the request for extradition.
Article 36
Arrest by the judicial police
1. In urgent cases of the arrest of a person against whom a request for temporary arrest has been submitted, the rules of article 495 of the Code of Criminal Procedure are applicable.
2. At the request of the General Prosecutor, the Ministry of Justice realises the translation of the acts required within 24 hours.
Article 37
Examination of a request for extradition
1. Within five days from the deposit of the request of the prosecutor, the judge designated for the adjudication of the case sets the date of the judicial session for the examination of the request for extradition.
2. The session is conducted with the mandatory participation of the prosecutor and the defence attorney. When the selected defence attorney does not appear, the court designates a defence attorney on its own initiative.
3. During the examination of the request for extradition, the court respects the rules of the Code of Criminal Procedure.
Article 38
International arrest warrant of Albanian citizens
1. On receipt of an international arrest warrant from a foreign state against an Albanian citizen, in which the purpose of the requesting state for the extradition of the person is declared, immediately and in any event within five days, the Interpol Office forwards it to the Ministry of Justice.
2. Within five days from receipt of the international warrant, the Ministry of Justice forwards it to the General Prosecutor.
3. The General Prosecutor, through the prosecutor at the court competent for a criminal proceeding of the Albanian citizen, may proceed for the temporary arrest of the Albanian citizen, respecting the rules of articles 493-495 of the Code of Criminal Procedure and articles 35-36 of this law.
4. Within 10 days from receipt of the international warrant from the Ministry of Justice, the General Prosecutor, through the services of the Judicial Police:
a. verifies the precise personal data about the wanted Albanian citizen, including his citizenship;
b. obtains data about the exact location of the wanted Albanian citizen;
c. verifies whether the Albanian citizen has been convicted by a final decision of imprisonment by the local judicial authorities;
ç. verifies whether a coercive security measure has been set against the Albanian citizen for purposes of the criminal proceeding by the local judicial authorities.
5. Within five days from the end of the actions defined in point 4 of this article, the General Prosecutor notifies the Ministry of Justice about the inability of extraditing the Albanian
citizen because of his citizenship. This notification also contains information about the ways of a criminal proceeding accepted by Albanian legislation, as the case may be, through:
a. transferring the criminal proceedings;
b. recognition of the foreign criminal decision; or
c. sending the acts and evidence through letters rogatory.
6. Within five days from receipt of the notification of the General Prosecutor according to point 4 of this article, the Ministry of Justice forwards it to the foreign state that has issued the international arrest warrant.
7. If he does not proceed according to point 3 of this article, the prosecutor at the court competent for the criminal proceeding against the Albanian citizen notes in the register of notification of criminal offences the data of the international arrest warrant, for the purpose of performing verifying procedural actions for the beginning of a criminal proceeding. If the prosecutor decides not to start a criminal proceeding, he notifies the Ministry of Justice of this decision through the General Prosecutor, within five days of taking it.
8. The same way of acting is also applied if the Albanian citizenship of the person is proven during the setting and implementation of coercive measures.
9. The rules of this article are not applicable in the case of international agreements that permit the extradition of an Albanian citizen.
Article 39
Decision of the court for extradition
1. In addition to the conditions established in article 498 point 1 of the Code of Criminal Procedure and article 11 of the Criminal Code, the court gives a decision in favour of extradition when it finds that the conditions of article 32 of this law have also been met.
2. In other cases, the court decides against extradition.
3. The judicial decision given according to this article is deposited in the judicial secretariat within three days from its announcement.
Article 40
Disposition of the Minister of Justice on extradition
1. Within seven days from the date the judicial decision on extradition becomes final, the General Prosecutor forwards all the acts to the Minister of Justice.
2. In case of a judicial decision in favour of the request for extradition, the Minister of Justice may, after verifying and evaluating all the documentation, dispose of the extradition by order, respecting the time period and procedures of article 499 of the Code of Criminal Procedure.
3. If during verification of the documentation, the Minister of Justice finds deficiencies in the acts, within seven days he asks the General Prosecutor to complete them. The General Prosecutor completes the documentation within 20 days from the date the judicial decision becomes final.
4. If the Minister of Justice does not make a disposition within the time period for extradition, or in case of a judicial decision against extradition or in case of the failure of the requesting state to act on time, the rules of article 499 of the Code of Criminal Procedure are applicable.
Article 41
Postponed or conditioned extradition
1. In a case when the extradition is suspended according to article 500 of the Code of Criminal Procedure, the Minister of Justice may give a disposition by order of postponement in time of the extradited person after the conclusion of the criminal proceeding or the execution of a criminal sentence given in Albania.
2. At least 30 days before the end of the reason for the suspension, the General Prosecutor notifies the Minister of Justice. After this notification, the Minister of Justice notifies the requesting state as to whether the latter is still interested in the realisation of the extradition.
3. If the requesting state gives notification that it is interested in the realisation of the extradition, the Minister of Justice acts according to article 40 of this law.
4. The Minister of Justice may make a disposition by order of the temporary extradition of the person, with conditions defined in the express agreement with the requesting state. Temporary extradition is given as a disposition for the performance of urgent procedural actions, if such a thing does not hinder the criminal proceeding or the execution of the criminal decision in Albania and if the requesting state gives guarantees that the person extradited will be kept sage and will return to Albania within the time period determined in advance.
Article 42
Principle of speciality
1. The Minister of Justice determines in the order that makes a disposition of the extradition of a foreign citizen respect for the principle of speciality. For this purpose, at the beginning of the extradition procedure and when the guarantees have not been given, the Minister of Justice seeks from the requesting state that:
a) the extradited person should not be criminally prosecuted for another criminal offence committed before the extradition;
b) the extradited person should not be subjected to the execution of a decision about another criminal offence committed before the extradition;
c) a more severe sentence than the sentence with which he was convicted should not be applied against the extradited person, nor the death sentence; ç) if he was tried in absentia, the extradited person shall have the right of review of the judicial decision rendered against him; and
d) the extradited person should not be extradited toward a third country without the consent of the Republic of Albania for the execution of a final judicial decision of imprisonment or for the execution of a coercive personal security measure for the restriction of liberty given before the extradition was permitted.
2. This principle is not respected in the cases provided by article 490 points 2 and 3 of the Code of Criminal Procedure.
Article 43
Notification of the order of the Minister of Justice giving a disposition on the extradition
1. The Minister of Justice immediately communicates the order that makes a disposition of the extradition of a foreign citizen to the requesting state and to the Ministry of the Interior.
2. The Interpol Office in collaboration with the homologous authority of the requesting state takes the technical measures to accomplish the delivery and notifies the Ministry of Justice immediately about the place and date of delivery of the extradited person. The delivery of the extradited person is performed by the Interpol Office, which immediately notifies the Ministry of Justice and the General Prosecutor.
Article 44
Simplified extradition
1. The person whose extradition is sought may give consent to surrender himself to the requesting state and to waive the right the benefit from the principle of speciality through a simplified procedure. The consent and waiver are irrevocable.
2. This consent is given by the person in a judicial session that is held with the essential participation of the prosecutor and the defence attorney. The court informs the person about the advantages, consequences of simplified extradition and the impossibility of revoking the consent and waiver. In this case, a trial on the examination of the request for extradition is not held.
3. Within five days from the holding of this session, the General Prosecutor notifies the Ministry of Justice of the consent to simplified extradition, sending a copy of the judicial minutes that document this session. The Minister of Justice notifies the requesting state within 10 days from the holding of the session.
4. The rules for ordinary extradition are subsequently not applied.
Article 45
Re-extradition
1. When the requesting state presents again a request for the re-extradition of a person who, after the first extradition, has avoided the criminal proceeding or the execution of the criminal sentence in the requesting state and has entered Albanian territory, the person may be re-extradited on the basis of a repeated request, applying the rules of this section.
2. In this case, the Minister of Justice, after also taking the opinion of the General Prosecutor, may notify the requesting state that it is not necessary to present the documents again that accompany the request for extradition, except for a document that proves the avoidance of the extradited person from the criminal proceeding or the execution of the criminal sentence.
Article 46
Repetition of the judicial procedures
If after the judicial decision on the request for extradition has become final, but before the issuance of the order of the Minister giving a disposition on the extradition, the conditions of extradition provided in article 32 of this law change, the Minister of Justice forwards the full file to the General Prosecutor, asking for the initiation of a review of the judicial decision. In this case, the rules of the Code of Criminal Procedure are applicable.
Article 47
Delivery of sequestered objects
1. Objects sequestered according to this section are delivered to the requesting state at its request after the disposition of the extradition.
2. The objects may be delivered even if the extradited person is not surrendered because of death or serious illness, but provided that his extradition shall have been ordered by disposition [lit. disposed].
3. If the objects have been subjected to sequestration or confiscation for purposes of a judicial proceeding in Albania, they may be kept temporarily until the end of the judicial proceeding or may be delivered to the requesting state on the condition that they be returned.
4. The provisions of this article are not applicable in the cases provided by letters “b’ and “c” of point 3 of article 23 of this law.
For the purposes of this Statute:
(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.