Competing request - same conduct - State not Party - no international obligation - case admissible

Albania

Albania - Criminal Procedure Code 2011 EN

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER I- EXTRADITION

SECTION I- EXTRADITION ABROAD

Article 489- Application for extradition

1. The extradition is permitted only upon request submitted to the Minister of Justice.

2. The request for extradition are attached:

a) the copy of the sentenced by imprisonment or of the act of proceedings;

b) a report of the criminal offence in charge of the person subject to extradition indicating the time and the place of the commission of the offence and its legal qualification;

c) the text of legal provisions to be applied, indicating whether for the criminal offence subject to extradition the law of the foreign country provides death penalty.

d) personal data and nay other possible information which supports to define the identity and the citizenship of the person subject to extradition.

3. When several requests for extradition compete the Minister of Justice sets forth the order of examination. He takes into consideration all of the circumstances of the case and, particularly the date of the reception of the request, the importance and the place where the criminal offence is committed, the citizenship and the domicile of the person subject to request, as well as the possibility of a re-extradition by the requesting country.

4. In case for a sole offence the extradition is requested simultaneously by several countries it shall be provided to the country subject to the criminal offence or to the country within which territory has been committed the criminal offence.

Rome Statute

Article 90 Competing requests

4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.