PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 25
No one may be subjected to torture, cruel, inhuman or degrading punishment or treatment.
PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 27
1. No can be deprived of liberty except in the cases and according to the procedures provided by law.
2. Freedom of person may not be limited, except in the following cases:
a. when punished with imprisonment by a competent court;
b. for failure to comply with the lawful orders of the court or with an obligation set by law;
c. when there are reasonable suspicions that he has committed a criminal offense or to prevent the commission by him of a criminal offense or his escape after its commission;
ç) for the supervision of a minor for purposes of education or for escorting him to a competent organ;
d. when a person is the carrier of a contagious disease, mentally incompetent and dangerous to society; dh) for illegal entry at state borders or in cases of deportation or extradition.
3. No one may be deprived of liberty just because of not being able to fulfil a contractual obligation.
Article 28
PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 28
1.Everyone who has been deprived of liberty has the right to be notified immediately, in a language that he understands, of the reasons for this measure, as well as of the charge made against him. The person who has been deprived of liberty shall be informed that he has no obligation to make a declaration and has the right to communicate immediately with a lawyer, and he shall also be given the possibility to realize his rights.
PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 28
3. A person in pre-trial detention has the right to appeal the judge's decision. He has the right to be tried within a reasonable period of time or to be released on bail pursuant to law.
PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 30
Everyone is considered innocent as long as his guilt is not proven by a final judicial decision.
PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 31
During a criminal proceeding, everyone has the right:
a. to be notified immediately and in detail of the charge made against him, of his rights, as well as to have the possibility created to notify his family or those close to him;
b. to have the time and sufficient facilities to prepare his defence;
c. to have free of charge assistance of a translator, when he does not speak or understand the Albanian language;
ç) to be defended by himself or with the assistance of a defence lawyer chosen by him; to communicate freely
and privately with him, as well as to be assured of free defence when he does not have sufficient means;
d. to ask witnesses who are present and to seek the presentation of witnesses, experts and other persons who can clarify the facts.
PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 32
1. No one may be obliged to testify against himself or his family or to confess his guilt.
2. No one may be declared guilty on the basis of data collected in an unlawful manner.
PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 33
1. Everyone has the right to be heard before being adjudicated.
2. A person who is hiding from justice may not take advantage of this right.
PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 34
No one may be sentenced more than once for the same criminal act, nor be tried again, except for cases when the re-adjudication of the case is decided on by a higher court, in the manner specified by law.
PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 35
1. No one may be obliged, except when the law requires it, to make public the data connected with his person.
2. The collection, use and making public of data about a person is done with his consent, except for the cases provided by law.
3. Everyone has the right to become acquainted with data collected about him, except for the cases provided by law.
4. Everyone has the right to request the correction or expunging of untrue or incomplete data or data collected in violation of law.
PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 42
2. Everyone, for the protection of his constitutional and legal rights, freedoms, and interests, or in the case of an accusation raised against him, has the right to a fair and public trial, within a reasonable time, by an independent and impartial court specified by law.
SPECIAL PART
CHAPTER IX - CRIMINAL ACTS AGAINST JUSTICE
Article 314- Use of violence during investigation
Use of violence by the person in charge of an investigation to force a citizen to make a statement, give testimony or confess his guilt or somebody else's, is punishable by three to ten years of imprisonment.
GENERAL PROVISIONS
Article 1 Scope of the criminal procedure legislation
1. criminal procedure legislation must guarantee fair, equal and due legal proceedings, in order to protect the freedoms and lawful rights and interests of citizens, to contribute for the strengthening of the legal order and for the implementation of the Constitution and state legislation.
GENERAL PROVISIONS
Article 4 Presumption of innocence
1. The defendant shall be deemed innocent until his guilt has been established by a final judgment of the court. Any doubts regarding the charge shall be evaluated in favour of the defendant.
2. The court shall issue a decision of conviction if the defendant is found guilty of the criminal fact attributed to him beyond any reasonable doubt.
GENERAL PROVISIONS
Article 5
Restrictions of the personal freedom
1. The freedom of a person may be restricted by way of precautionary measures only in the cases and under the conditions defined by the law.
2. No one may be subjected to torture or humiliating punishment or treatment.
3. Persons convicted to imprisonment are ensured human treatment and moral rehabilitation.
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.
GENERAL PROVISIONS
Article 8/a Evidence
1. In criminal proceedings facts shall be proved with any evidence, provided that they do not violate human rights and fundamental freedoms.
2. The proceeding authority shall gather and assess evidence against the defendant, as well as that in his favour.
CHAPTER IV THE DEFENDANT
Article 34 Obtaining the defendant status
1. The person to whom a criminal offence is attributed shall obtain the defendant status with the notification of charge , which contains sufficient information [on the reasons] for taking him as a defendant . This document is notified to the defendant and to his lawyer.
If after taking a person as a defendant, new information arise that result in the modification of the charges or their completion, the prosecutor takes a decision [pursuantly] and notifies it to the defendant.
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;
a) use the language he speaks and understands or to use sign language as well as to be assisted by an interpreter, translator and facilitator in communication if his ability to speak and hear is limited;
b) to remain silent or to introduce his defence freely as well as the right not to respond to certain questions;
ç) provide defence by himself or with the help of a defence lawyer elected by him;
c) have a defence lawyer provided by the state if the defence lawyer is mandatory or he cannot afford one, pursuant to the provisions of this Code and the legislation into force on legal aid; dh) meet in private and to communicate with a defence lawyer representing him;
d) have adequate time and facilities for the preparation of his defence;
ë ) right to access to the material of the case pursuant to the provisions of this Code ;
e) submit evidence supporting his defence;
f) question witnesses, experts and other defendants during the trial;
g) enjoy the other rights provided for in this Code.
2. Prior to the questioning for the first time or prior to the completion of the acts where his presence is mandatory pursuant to the law, the proceeding authority shall inform the defendant about the rights provided for in letters “a”, “b”, “c”, “ç”, “d”, “dh” and “e”, of paragraph 1 of this Article, providing him with the letter of rights in written form, duly signed by him.
The provisions and guaranties stipulated for the defendant shall also apply even to the person under investigation and to the person the criminal offences is attributed to, unless this Code provides otherwise.
CHAPTER IV THE DEFENDANT
Article 34/b Rights of arrested or detained person
1. The arrested or detained person, in addition to the rights provided for in letters “a”, “b”, “c”, “ç”, “d”, “dh” and “e”, of paragraph 1, of Article 34/a, of this Code, shall be entitled:
a) to have a confidential meeting with his lawyer, before being questioned for the first time;
b) to access the acts, necessary evidence and the grounds for his arrest or detention;
c) to request a family member or another relative to be notified immediately about his arrest. If the arrested or the detained person is a foreign citizen, he shall be entitled to request the notification of the consular or diplomatic representation and, in case the person is without citizenship or a refugee, he shall be entitled to request the notification of an international organisation.
ç) to be promptly provided with the necessary medical care.
2. The proceeding authority shall notify the arrested or detained person promptly about the rights provided for in letters “a”, “b”, “c”, “ç”, “d”, “dh” and “e”, of paragraph 1, of Article 34/a, of this Code, providing him the letter of the rights in writing, duly signed by him. The person is entitled to keep the letter of rights.
CHAPTER IV THE DEFENDANT
Article 36 Prohibition to use the defendant’s statements as testimony
1. Statements made by the defendant during the proceedings shall not constitute object of testimony.
CHAPTER IV THE DEFENDANT
Article 36/a Statements of the collaborator of justice
1. A collaborator of justice shall be questioned as a witness. In case of false statements or testimony, he shall be held criminally liable pursuant to the law.
2. The statements of the collaborator of justice are evaluated pursuant to the criteria established by paragraph 3 of article 152 of this Code.
CHAPTER IV THE DEFENDANT
Article 37 Self-incriminating statements
1. If a person who is not taken as a defendant makes statements before the proceeding authority, that raise suspicion of guilt against him, the proceeding authority shall interrupt the questioning and warn him that, following such statements, an investigation may be carried out on him, and advise him to appoint a lawyer. Statements previously made by the person cannot be used against him.
CHAPTER IV THE DEFENDANT
Article 38 General rules for questioning
The defendant, even if under precautionary detention measure or detained for any other reason, participates freely in the questioning, except in cases when measures must be taken to prevent the risk of escaping or violence.
1. methods or techniques which may influence the freedom of determination or alter the capacity to recall and evaluate facts shall not be used, even with the consent of the defendant.
1. Prior to questioning, the defendant shall be asked expressly whether he has understood his rights, provided in written form, pursuant to Articles 34/a and 34/b of this Code. If the defendant is not informed, since the beginning, about his rights pursuant to the provisions of this Code, his statements may not be used.
CHAPTER IV THE DEFENDANT
Article 39 Questioning on the merits of the case
1. The proceeding authority shall clearly and precisely explain the defendant the fact attributed to him, communicate the evidence against him/her and, when this does not compromise the investigations, indicate him the sources [of evidence].
2. The proceeding authority shall invite him to explain everything he deems useful for his defense and asks him direct questions.
3. If the defendant refuses to answer, this shall be recorded in the minutes. The minutes shall also mention, if necessary, any physical characteristics and possible distinguishing marks of the defendant.
CHAPTER IV THE DEFENDANT
Article 43
Ascertainment on the liability of the defendant
3. When the need to ascertain the criminal liability arises during the preliminary investigation, the prosecutor, either ex officio or on the request of the defendant or his lawyer orders expert examination. In the meanwhile, the prosecutor performs only those actions, which do not require the conscious presence of the defendant. If delay may be prejudicial [for the evidence], evidence may be acquired if circumstances of pre-trial admission of evidence exist.
CHAPTER V THE DEFENDANT’S LAWYER
Article 48 Retained lawyer
1. the defendant is entitled to appoint up to two lawyers.
2. The appointment is made by means of a statement before the proceeding authority or by means of a document given to the lawyer or sent to him by registered mail.
3. The appointment of the lawyer of a person who is detained, arrested or convicted to imprisonment, may be done by his relatives in the forms provided by paragraph 2, unless he has appointed one by himself.
CHAPTER V THE DEFENDANT’S LAWYER
Article 50
Extension of the defendant’s rights to the defense lawyer
2. The defense lawyer has the right to communicate freely and in private with the detained, arrested or convicted person, to have prior notice of the investigative actions conducted in the presence of the defendant and to participate to them, to ask questions to the defendant, witnesses and experts, to have access to all the materials of the case at the conclusion of the investigations.
CHAPTER V THE DEFENDANT’S LAWYER
Article 53 Defense lawyer interview with the defendant in pre-trial detention
1. The person arrested in flagrance or under detention has the right to speak with his defense lawyer immediately after arrest or detention.
2. The defendant under pre-trial detention has the right to speak with his defense lawyer since the moment of execution of the precautionary measure.
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 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.
CHAPTER II TYPES OF EVIDENCE
SECTION I TESTIMONY
Article 157 Obligations of the witness
2. The witness shall not be obliged to testify on facts which may unravel his/her own criminal liability.
TITLE V PRECAUTIONARY MEASURES
CHAPTER IIIARREST IN FLAGRANTE DELICTO AND DETENTION
Article 256 Questioning of the arrested or detained person
1. The prosecutor shall question the arrested or detained person in the presence of his/her retained or exofficio - appointed defense lawyer. He shall inform the arrested or detained person on the facts he is being prosecuted for and the reasons for his questioning, indicating any information against him/her and, when this does not compromise the investigations, also the sources [of such information].
2. The prosecutor shall firstly ask the arrested or detained person whether he/she has been provided with the letter of rights and shall ensure that they have understood their rights. When the arrested or detained person has not been provided with the letter of rights, the prosecutor shall provide them with it prior to their first questioning and shall explain their rights.
3. Statements made by the arrested or detained person prior to receiving their letter of rights or prior to meeting with their defense lawyer, cannot be used.
TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER I GENERAL PROVISIONS
Article 279/a Victim's right to information
1. For legitimate reasons, the victim, its legal representative or defense lawyer, are entitled to request information on the state of the proceedings, and to have access and receive copies of acts and evidence contained in the prosecutor’s file.
2. The prosecutor may refuse the request if:
a) the interest of preserving the secrecy of the investigation exceeds the victim's interest;
b) the interest of the defendant exceeds the victim's interest;
c) the victim has not yet been examined as a witness.
2. The victim, its legal representative or defense lawyer are entitled to request information concerning the application, extension, replacement or revocation of precautionary measures against the defendant, unless the notice on these facts could endanger the life or health of the defendant.
TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER V ACTIVITIES OF THE PROSECUTOR
Article 309 Appointment and assistance of the lawyer
1. The defendant who does not have a lawyer shall be informed by the prosecutor that he shall be assisted by a lawyer appointed exofficio, as per the cases provided for by this Code.
2. The retained lawyer or the exofficio-assigned lawyer shall be informed, at least twenty-four hours in advance, when proceeding with questioning, examination or confrontation. If the delay may compromise investigations, the lawyer shall be promptly informed.
3. The minutes of the activities performed by the prosecutor and the judicial police, in which the defense lawyer has the right to intervene, shall be submitted with the secretary of the prosecution office within three days of the date of execution of the activity, with the right of the lawyer to review them and make copies.
TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER VII TIME LIMITS FOR COMPLETION OF INVESTIGATIONS
Article 323 Time limit of preliminary investigations
2. The time limit for termination of investigations is three months, from the date that the name of the person whom the criminal offence is attributed to has been written in the register of notification of criminal offences, and six months for criminal offences provided for in letters “a” and “b” of Article 75/a of this Code .
TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER IX PRELIMINARY HEARING
Article 332/c The hearing
2. The prosecutor presents briefly the results of the preliminary investigations and the evidence on which the request for sending the case to the trial is based on.
TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION I GENERAL RULES
Article 344 The presence of the defendant in the hearing
1. The defendant participates in the hearing as a free person even when he is detained, except when it is necessary to take measures indispensable to prevent the risk of escaping or of violence.
2. When a defendant with his behaviour hinders the regular performance of the hearing, despite the measures taken under paragraph 3 of the Article 341 of the Code, the court may order the removal of the defendant from the courtroom for a definite period of time. If, even after returning to the court room, the defendant continues to obstruct the regular performance of the hearing, the court may order that he is removed until the decision is announced.
3. When possible, the defendant removed, pursuant to paragraph 2 of this Article, shall attend the hearing through audio and/or video links.
4. The defendant expelled from the hearing in compliance with paragraph 2 of this Article shall be considered to be present and shall be represented by the defence lawyer. He/she can be readmitted into the courtroom at any time.
5. The absence of the defendant who has left the courtroom and who has not accepted to have a defense lawyer, does not prevent the hearing to be held. In this case a defense lawyer is assigned ex officio and the trial continues. The defendant or the defense lawyer chosen by him may be admitted in the courtroom at any time.
TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION II PRELIMINARY ACTIONS
Article 350 The absence of the defendant or of the defence lawyer
1. When the defendant, even if held under precautionary detention in prison, or the person subject to request for trial of the accusing victim does not appear at the hearing and it results that the absence is caused by force majeure or any other impediment which exempts him from liability, the court even ex-officio postpones or suspends the judicial trial, established the date of the new hearing and orders the repetition of the summons.
2. The reading of the decision fixing the new hearing is equal to the notification for all of them who are or must be considered as present.
The court shall decide pursuant to paragraph 1 of this article even when the defence lawyer is absent and such absence is caused by force majeure, unless when the defendant requests to be adjudicated in absence of the defence lawyer and his presence is not mandatory. When the defendant is assisted by two defence lawyers and the obstacle to appear concerns only to one of them, the summons is considered valid and the trial shall be held in the presence of one of the defence lawyers.
3. When a duly summoned defence lawyer fails to appear in the hearing and there exist no impediments exempting him from the responsibility to appear, or if the defence lawyer leaves the hearing without any permission, the court may impose a fine from 5.000 ALL to 100.000 ALL and order him/her to pay the expenses of the hearing.
4. The abovementioned decision may be appealed in written form within 3 days. The appeal shall be reviewed in closed session by the same court. The court, when deems it appropriate, shall decide to revoke the fine. No appeal is allowed against the decision revoking the fine.
When the notification has not been duly made, the court decides the postponement of the trial hearing and orders the repetition of the notification.
TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION II PRELIMINARY ACTIONS
Article 351 Absence of or voluntary abandonment by the defendant
1. When the defendant in free state or under precautionary detention in prison fails to appear in the hearing, despite being notified, and has no legitimate reasons for not appearing, the court shall postpone the hearing and order his forced accompaniment, unless he has declared, before a notary public or before the competent State authority, his will not to attend the trial. In this event, the trial shall continue in his absence.
2. If the defendant who is present at the hearing, expressly renounces from his right to participate to trial, the trial shall continue in his absence.
3. In cases provided for by paragraphs 1 and 2 of this article, the defendant shall be considered present, provided that the trial is conducted with the presence of the defence lawyer.
4. The same rule shall apply if the defendant leaves at any moment of the judicial trial or during its intervals.
Article 352 trial in absentia
1. When the defendant in free state, despite the searches pursuant to articles 140-142 of this Code, fails to appear in the hearing and it turns out that he has not been personally informed of the trial, the court shall decide its suspension and shall order the judicial police to continue the search of the defendant. After one year from the date of suspension of the trial for this reason and, at any time, when there is information on the location of the defendant, the court shall resume the trial, by ordering the repetition of the notification. The court shall declare the absence of the defendant if, even after the newly conducted searches, the defendant is not found. In this event, the trial shall be held in the presence of the defence lawyer.
2. The court shall declare absence of the defendant, if it is proved that the defendant is escaping from. In this event, trial shall be held in the presence of the defence lawyer.
3. The court shall declare absence even when it is proven that the defendant is abroad and it is impossible to extradite him.
4. The decision declaring absence is invalid when it is proven that such absence it due to his/her the absolute impossibility to appear.
5. When the defendant appears after the decision declaring his absence has been announced, the court shall revoke it. When the defendant appears after the judicial trial is declared closed, he may ask to be questioned. All actions performed before this moment shall remain valid, but if the defendant requests and the court deems it necessary for the decision to be taken, it may decide the re-opening of the judicial trial and the obtaining of the evidence requested by the defendant or the repetition of procedural actions.
6. Trial in absentia shall not be held in the case of a minor defendant. In such event, the court, after conducting the searches pursuant to articles 140-142 of this Code, shall decide the suspension of the trial. The rules of paragraph 1 of this article shall apply, to the extent they are compatible.
TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION III OBTAINING OF EVIDENCE
Article 361 Questioning of witnesses
1. The questioning of the witnesses is made initially by the prosecutor or the defense lawyer or representative who has requested the questioning. Then, the questioning continues by the parties, in order.
2. The one who has requested the questioning may ask questions even after the other parties have terminated theirs.
3. The party requesting the questioning shall not be allowed to make questions that influence negatively on the impartiality of the witness or that intend to suggest the answers.
4. The presiding judge may allow the witness to look at the documents prepared by the witness in order to help his memory.
5. Repealed
6. During the questioning of the witness, the presiding judge may ask questions and, when appropriate, intervene to insure orderly questioning, truthfulness of the answers, the accuracy of questions and objections, as well as to guarantee respect for the person.
7. The witness may be questioned at distance, within the country or abroad, through audio-visual links, in compliance with rules provided by international agreements and provisions of this Code. The person authorized by the court shall remain at the witness’s location, certifies his/her identity, and ensures the correct process of questioning and of the implementation of protective measures. these actions are reflected in the minutes.
8. The victims of the sexual criminal offences, trafficking or other domestic violence offences, upon their request, may be questioned as witnesses through audio and audio-visual tools.
TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION I EXTRADITION ABROAD
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.
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;
CHAPTER IV
RECOGNITION AND EXECUTION OF CRIMINAL DECISIONS
SECTION I
EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 56
The right to be defended with an attorney
During the trial, the person against whom the recognition and execution of a foreign criminal decision is sought has the right to a defence attorney selected or appointed, according to the rules of the Code of Criminal Procedure.
Article 2- Organization of the courts for serious crimes
2. The courts for serious crimes and the courts of appeal for serious crimes are links in the judicial system that examine at the first and second level highly dangerous criminal cases identified by law.
Article 7- Special procedural rules
2.Except for cases provided in article 340 of the Code for Criminal Procedure, trials of cases by courts for serious crimes and by courts of appeal for serious crimes also take place behind closed doors when this is seen as necessary for the case at trial or for other proceedings, in the interest of national security, public order, justice and the protection of participants in the trial.
Article 8- Questioning of witnesses
The courts for serious crimes and the courts of appeal for serious crimes may permit that questioning of witnesses, as well as confrontations and permissible readings be performed under the following rules, either together or separately:
a) in the presence of the defendant and the defence attorney, but without visual contact;
b) without communicating to the defendant and the defence attorney the identity of the witness;
c) in certain other cases and ways, determined according to the legislation on the protection of witnesses and justice collaborators.
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
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:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(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
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.