National procedures for execution of cooperation request


Albania - Criminal Procedure Code 1995 (2017) EN

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 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 506 Judicial Proceedings
1. The foreign rogatory letter cannot be executed before a favourable decision has been issued by the court of the place where the person must be subject to proceedings.
2. The district prosecutor, after obtaining the acts from the Ministry of Justice, submits a request to the court, within five days of the submission of acts by the Ministry of Justice.
3. The court rules on the execution of the rogatory letter by decision, within 10 days from the submission of the request.
4. The execution of the rogatory letter shall not accepted:
a) in the cases when the Ministry of Justice does not proceed with the rogatory letter, pursuant to the provisions of international acts in which the Republic of Albania is a party and relevant reservations and legal declarations [made by it].
b) when the fact for which the foreign authority proceeds is not provided as a criminal offence by the Albanian law.

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:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

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

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

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

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.