PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 29
1. No one may be charged or declared guilty of a criminal offence that was not considered as such by law at the time of its commission, with the exception of cases, that at the time of their commission, according to international law, constitute war crimes or crimes against humanity.
1 General Part
Chapter 1- Criminal Law and its Application
Article 2 Unlawful sentencing
No one may be criminally sentenced for an act, which is not already explicitly provided for by law as an offence or a criminal contravention.
TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER III PROCEEDING REQUIREMENTS
Article 290 Circumstances that do not allow the initiation of proceedings
1. Criminal proceedings shall not commence when:
รง) the act is not provided by law as a criminal offence or when it is clearly proven that the act does not exist;
d) the criminal offence has been extinct;
TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER VIII COMPLETION OF INVESTIGATIONS
Article 328 Dismissal of charge or case
1. Upon termination of preliminary investigations, where it is proceeded against criminal misdemeanours, the prosecutor shall decide on dismissing the charge or case when:
b) the fact is not provided for by law as a criminal offence;
TITLE VIII APPEALS
CHAPTER III APPEAL TO THE HIGH COURT
SECTION I GENERAL RULES
Article 442 Quashing the decision and resolving the case without returning for re-examination
1. The High Court decides to quash the decision and to resolve the case without sending it back for re-examination if:
a) the fact does not constitute a criminal offence, the criminal offence is extinct or the criminal proceedings should not have been initiated and continued;
TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION I EXTRADITION ABROAD
Article 491 Non-admissibility of the request for extradition
extradition may not be granted:
d) when the criminal offence is not foreseen as such by the Albanian legislation;
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:
d) the fact for which is issued the decision is not provided as a criminal offence by the Albanian law;
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.