Contents of request for arrest and surrender - national law requirements

Albania

Albania - Criminal Procedure Code 1995 (2017) EN

TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION I EXTRADITION ABROAD
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.

TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
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.

Rome Statute

Article 91 Contents of request for arrest and surrender

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.