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Albania

Albania - Constitution 1998 (2016) EN

PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 31
During a criminal proceeding, everyone has the right:
c. to have free of charge assistance of a translator, when he does not speak or understand the Albanian language;

Albania - Criminal Procedure Code 1995 (2017) EN

GENERAL PROVISIONS
Article 8 Use of Albanian Language
2. Persons who do not know the Albanian language shall use their own language and, through an interpreter, shall have the right to speak and be informed on the evidence, the documents and on the state of the proceedings. Deaf and mute people have the right to use the signs language.
1. Translation and interpretation costs shall be borne by the State.

CHAPTER IV THE DEFENDANT
Article 34/a Rights of the defendant
1. The person under investigation or the defendant shall be entitled to:
be informed in a shortest time possible in a language he understands, on the charge for which he is investigated as well as the grounds of the charges;

TITLE III DOCUMENTS, NOTIFICATIONS AND TIME LIMITS
CHAPTER I DOCUMENTS
SECTION I GENERAL RULES
Article 98 Language of the documents
2. A person who does not speak Albanian shall be questioned in his/her native language or in another language he understands, selected by him. The minutes shall be kept in Albanian.

TITLE III DOCUMENTS, NOTIFICATIONS AND TIME LIMITS
CHAPTER I DOCUMENTS
SECTION I GENERAL RULES
Article 98 Language of the documents
1. Criminal procedural documents are drafted in Albanian language.

TITLE III DOCUMENTS, NOTIFICATIONS AND TIME LIMITS
CHAPTER I DOCUMENTS
SECTION I GENERAL RULES
Article 98 Language of the documents
3. Breach of these rules results in documents invalidity.

TITLE III DOCUMENTS, NOTIFICATIONS AND TIME LIMITS
CHAPTER I DOCUMENTS
SECTION IV TRANSLATION OF ACTS
Article 123 Interpreter appointment
1. A defendant who does not know Albanian language, is entitled to be assisted by an interpreter, free of charge, to understand the charge and follow actions where he takes part. If the defendant declares that he knows Albanian language, he may waive from such right.
2. The proceeding authority shall also appoint an interpreter when a written document must be translated into a foreign language, as well as in the cases referred to in article 107 of this Code.
3. An interpreter shall be appointed even if the court, the prosecutor or the judicial police officer, know the language to be translated.
4. The provisions on the appointment of the interpreter for the defendant shall also apply to the victim.

TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION I EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 514 Conditions for recognition
1. The foreign court decision may not be recognized when:
c) the decision has not been issued by an independent and impartial court or the defendant has not been summoned to appear to trial or he /she has not been granted the right to be questioned in a language he understands and to be assisted by a defence lawyer;

Rome Statute

Article 50 Official and working languages

1. The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.

2. The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.

3. At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.

Article 55 Rights of persons during an investigation

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

Article 87 Requests for cooperation: general provisions

2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.