Rights during investigation - self incrimination

Albania

Albania - Constitution 1998 (2016) EN

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.

Albania - Criminal Code 1995 (2013) EN

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.

Albania - Criminal Procedure Code 1995 (2017) EN

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 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 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.

Rome Statute

Article 55 Rights of persons during an investigation

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;