National procedures for execution of requests for other forms of cooperation

Albania

Albania - Constitution (Kushtetuta e Republikës së Shqipërisë) 2008 AL

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 42

2.Everyone, to protect his constitutional and legal rights, freedoms, and interests, or in the case of charges against him, has the right to a fair and public trial, within a reasonable time, by an independent and impartial court specified by law.

Albania - Criminal Procedure Code 2011 EN

FIRST PART

TITLE IV – EVIDENCE

CHAPTER I- GENERAL PROVISIONS

Article 151- Obtaining of evidence

1. During the preliminary investigations, evidence is obtained by the proceeding authority conform the rules provided for under this Code.

2. During the trial, evidence is obtained on the request of the parties. The court decides by an order, excluding evidence prohibited by law and those who are patently unnecessary. Provisions on obtaining evidence may be revoked at any stage of court trial.

3. When evidence, which is not governed by law, is requested, the court may obtain it if it is worth to prove the facts and it does not vitiate the freedom of will of the person. The court decides on obtaining the evidence after hearing the parties about the way of obtaining it.

4. Evidence obtained in contravention of prohibitions provided by law may not be used. Non application is also raised ex-officio at any stage and instance of the proceedings.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION I- TESTIMONY

Article 153- Scope of testimony

1. A witness is examined on facts, which constitute object of evidence. He cannot testify on the moral standing of defendant, except when the case is relevant to facts that serve to determine his character in relation to the criminal offence and danger posed to the society.

2. The examination of a witness may also extend to kindred relationship and any existing interests between the witness and parties or any other witnesses, as well as to circumstances, the proof of which is necessary to evaluate his trustworthiness. The testimony on facts that serve to define the character of the person injured by the criminal offence is admitted only when the charge against the defendant must be evaluated against the injured person conduct.

3. A witness is examined on specific facts. He may not testify about what is said in public and may not express personal opinions, except when they cannot be severed from the testimony on facts.

Article 154- Indirect (hearsay) testimony

1. When the witness, for the introduction of facts, refers to other persons, the court, on the request of the party or even ex-officio, orders that they be summoned to testify.

2. Non compliance with the provisions of paragraph 1 makes the statements on facts that the witness has learned from other persons invalid, except in cases when their questioning is impossible because they are deceased, seriously ill or cannot be found.

3. A witness cannot be questioned on facts that he has learnt from persons who are obliged to maintain their professional or state secrecy, except in cases where these persons have given statements on the same facts or have spread them out in any other way.

4. The testimony of a witness who refuses or is unable to tell the person or the source of information on the facts he is questioned on cannot be used.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION II- INTERROGATION OF DEFENDANT AND PRIVATE PARTIES

Article 167- Questioning of a defendant in a connected proceeding

1. Persons held as defendants in a connected proceeding, who are or were prosecuted separately, are questioned on the request of the party or ex-officio.
2. They are obliged to appear before the court, which, when necessary, orders their compulsory appearance. Provisions relevant to summoning of witnesses shall apply.
3. Persons stipulated in paragraph 1 are assisted by the elected defence counsel and, in his absence, by a defence counsel assigned ex-officio.
4. Prior to questioning, the court informs the persons stipulated under paragraph 1 that they have the right not to answer.
5. Provisions of the above paragraphs shall also apply during preliminary investigations to persons who are defendants in a criminal offence connected to the one under proceeding.

Article 167/a- The interrogation in distance of a person taken as defendant in a
related/linked proceeding or who suffers the sentence abroad

The defendant in a related proceeding, who is already proceeded or who suffers the sentence abroad for another crime, when the extradition is refused, may be interrogated in a distance, through audiovisual connection, according to the international agreements, provided that the foreign state guarantees the participation of the defense lawyer of the defendant in the place where the interrogation will take place.

Article 168- Questioning of private parties

1. Provisions provided for under articles 153, 154, 157, paragraph 2 and 363 are applicable to questioning of private parties.

2. When the party refuses to answer a question, it is so stipulated in the records.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION IV- IDENTIFICATIONS

Article 171- Identification of persons

1. When the need arises to conduct the identification of a person, the proceeding authority invites the one who must do the identification to describe the person (to be identified), telling all the signs he remembers and asking him whether he has been previously summoned to do the identification and also about other circumstances, which may contribute to the accuracy of identification.

2. Actions provided for by paragraph 1 and statements made by the person who does the identification are entered in the records.

3. Non compliance with the provisions of paragraph 1 and 2 is a cause for the invalidity of identification.

Article 172- Performing identification

1. The proceeding authority, after taking away the person that will do the identification, ensures the presence of at least two persons looking as alike as possible to the person to be identified. It invites the latter to choose his place in relation to others, taking care to be portrayed, as much as possible, in the same circumstances under which would have been seen by the person called to do the identification. After the person who will do the identification appears, the court asks him whether he knows anyone of those presented for identification, and if yes, it invites him to show whom he knows and to specify whether he is sure.

2. When there are reasons to think that the person called to do the identification, may get scared or to have other influences by the presence of the person to be identified, the proceeding authority orders the act to be performed without the latter seeing the former.

3. The records state the mode of performing the identification otherwise it is invalid as a consequence. The proceeding authority may order, for purposes of documentation, that the performance of identification be photographed or filmed.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION IV- IDENTIFICATIONS

Article 173- Identification of items

1. When the identification of material evidence or other items relevant to the criminal offence must be performed, the proceeding authority acts in compliance with the rules for identification of persons to the extent they are applicable.

2. After finding, when possible, at least two similar items to the one to be identified, the proceeding authority asks the person called to identify whether he recognises any of them and, if the answer is yes, invites him to state which of them he recognised and to specify whether he is sure.

3. The records state the mode of performing the identification otherwise it is invalid as a consequence.

Article 174- Other identifications

1. When the proceeding authority decides the identification of voices, sounds or any other thing that may be object of perception by senses, it acts in compliance with the rules for identification of persons to the extent they may be applicable.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION IV- IDENTIFICATIONS

Article 175- Identification of or by several persons

1. When several persons are called to do the identification of the same person or item, the proceeding authority performs it one by one separately, prohibiting any communication between the one who has done the identification and those who will do it subsequently.

2. When a person must identify several persons or items, the proceeding authority orders the person or item to be identified to be placed among different persons or items.

3. Provisions of articles 171, 172 and 173 are applicable.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION VI- EXPERT EXAMINATION

Article 178- Object of Expert Examination

1. Expert examination is allowed when it is necessary to carry out researches or to acquire information or evaluations that require special technical, scientific or cultural knowledge.
2. Expert examination to determine the professionalism in the (commission) of the criminal offence, criminal drive, the character and personality of the defendant and, in general, the psychical features that do not depend on pathological causes, are not allowed.

Article 179- Assigning of Expert

1. An expert is assigned by selecting him among persons recorded in certain books for this purpose or among those who have special knowledge in the relevant subject. When the expert examination is declared invalid or new examination is needed to be performed, the proceeding authority takes measures, when possible, that the new task shall be entrusted to another expert.

2. Notice of the proceeding authority decision to assign an expert shall be served to the defendant or his defence counsel, informing him that he has the right to ask for disqualification of the expert, to propose other experts, to take part in expert examination, when possible, and to present questions to the expert.

3. When researches and evaluations seem very complex or require different knowledge in several subjects, the proceeding authority entrust the performance of examination to several experts.

4. Expert is bound to perform his task, except in cases where there exists one of the grounds that excludes him from being an expert or when he claims that he is not competent or does not have the ability to perform the expert examination and his request is accepted by the proceeding authority.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION VII- MATERIAL EVIDENCE


Article 188- Obtaining of material evidence

1. Material evidence are described in detail in the records, when it is possible they are photographed or filmed and, on the order of the proceeding authority, shall be attached to the trial file.

Article 189- Preservation of material evidence

1. Material evidence that because of their nature may be perished, are handed over for use to certain entities, which are bound to return the same or their value if they cannot be returned to the persons they belong to.

Article 190- Provisions on material evidence

1. The court or prosecutor in the final decision or in the decision dismissing the case decides what shall be done with the material evidence, ordering:

a) items that have served or designated as means for committing a criminal offence and items which constitute benefits gained from it or given or promised payment for its commission shall be acquired and transferred to the state, except in cases when they belong to persons who have not been involved in the commission of the criminal offence;

b) items, the maintenance or transfer of which is prohibited shall be delivered to the respective entities or destroyed;

c) items that have no value shall be destroyed;

d) other items are returned to the persons that they belong to and, when there is dispute on their ownership, shall be kept until the it is resolved by the court.

2. Material evidence may also be returned to the persons they belong to before the conclusion of the proceedings, provided it does not harm the solution of the case.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION VIII- DOCUMENTS

Article 191- Obtaining of documents

1. It is permitted to obtain documents that represent facts, persons or items through photographing, filming, phonograming or any other means.

2.When the original copy of a document is destroyed, lost or vanished, its copy may be obtained.

3. Documents that constitute material evidence must be obtained whoever produced or possesses them.

Article 192- Documents on personality

1. It is permitted to obtain criminal records certificates and final court decisions in order to judge on the defendant’s and injured person’s personality when the fact under proceedings must be assessed in relation to their conduct or moral qualities.

2. These documents may also be obtained to assess the credibility of a witness.

Article 193- Obtaining records of other proceedings

1. It is permitted to obtain the records of other criminal proceedings pertaining to pre¬trial preservation (admission) of evidence or evidence admitted during trial examination.

2. It is permitted to obtain records of evidence in a civil trial that has ended with a final judgement.

3. It is permitted to obtain documents of actions that cannot be repeated.

4. In addition to the cases provided for under paragraph 1, 2, and 3, records of evidence may be used during trial examination if the parties agree or for rebuttals provided for by articles 364 and 367.

5. Final (court) decisions may be obtained for purposes of evidence pertaining to the existence of a fact, assessing it in unity with other evidence.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER III- MEANS OF SEARCHING FOR EVIDENCE

SECTION I- EXAMINATIONS

Article 198- Cases and types of examination

1. Examination of persons, places and items is ordered by the proceeding authority when it is necessary to discover traces and other material consequences of the criminal offence.

2. When the criminal offence has left no traces or material consequences or when those have destroyed, lost, altered or removed, the proceeding authority describes the situation and, when possible, verifies how it has been prior to changes and also takes steps to ascertain the way, time and grounds for changes that may have occurred.

3.The proceeding authority may order photographing, filming and any other technical act.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER III- MEANS OF SEARCHING FOR EVIDENCE

SECTION I- EXAMINATIONS

Article 199- Examination of persons

1. Examination is performed by honouring the dignity and, as far as possible, the protection of the person being examined.

2. Prior to examination, the person examined is informed of his right to request the presence of a confidant, provided that he may be found immediately and is suitable.

3. Examination may also be performed by a physician. In such a case, the proceeding authority may choose not to take part in the examination.

4. When it is necessary to ascertain facts that are important to the case, it is permitted to take blood specimen and other bodily interventions even without the consent of the person, if it posses no danger to his health.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER III- MEANS OF SEARCHING FOR EVIDENCE

SECTION I- EXAMINATIONS

Article 201- Examination of places and items

1. Defendant or the one, who is in charge of the place where the examination will be performed or the item which will be examined, shall initially be given a copy of the order for performing the examination.

2. In case of examination of places, the proceeding authority may order, on reasonable grounds, that the persons present shall not leave before the conclusion of the examination and may use force to get back those who leave.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER III- MEANS OF SEARCHING FOR EVIDENCE

SECTION II- SEARCHES

Article 202- Grounds for conducting searches

1. When there are reasonable grounds to think that someone hides in his body material evidence of the criminal offence or items belonging to the criminal offence, the court issues a decision for body search. When these items are located at certain place, search of the place or house is ordered.

2. The court which has issued the decision may act itself or order judicial police officers to conduct the search, stipulated in the search order.

3. In case of flagrant arrest or chasing of a person fleeing, which does not allow the obtaining of a search order, judicial police officers conduct a search of the person or place, complying with the rules prescribed under article 299.

Article 203- Request to hand in

1. When a certain item is sought, the proceeding authority may request its handing in. If the item is handed in, the search is not conducted, except when it is judged necessary.

2. In order to specify the items that may be seized or to verify certain circumstances, necessary for the investigation, the proceeding authority or its authorised judicial police officers may search bank operations, documents and correspondence.

Article 204- Body search

1. Prior to conducting a body search, the one who will be searched, is handed over a copy of the search order, informing him of his right to request the presence of a reliable person, provided that can be found immediately and is suitable.

2. The search is conducted in compliance with the dignity and safety of the one being searched.
Article 205- Search of premises.

1. Defendant, when present and the one who is in charge of the place, is handed over a copy of the search order, informing them of the right to request the presence of a reliable person.

2. When the persons stipulated in paragraph 1 are absent, a copy of the order is handed over to a relative, neighbour or to a person who works with him.

3. The proceeding authority may search the persons present when it judges that they may conceal material evidence or items belonging to the criminal offence. It may order that persons present may not leave prior to conclusion of the search and may use force to get back those who leave.

Article 206- Time of house search
1. A house search or a search of a closed place attached to it may not commence before seven o’clock and after twenty o’clock. In urgent cases, the proceeding authority may order in writing that the search be conducted beyond these restrictions.

Article 207- Seizure during search
1. Items found during search may be seized in compliance with the provisions on seizures.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER III- MEANS OF SEARCHING FOR EVIDENCE

SECTION III- SEIZURES

Article 208- Scope of seizure

1. A judge or prosecutor may order, by a reasoned decision, seizure of material evidence and items connected to the criminal offence, when they are necessary to prove the facts.

2. Seizure is carried out by the one who has issued the order or by judicial police officers being authorised in the same order.

3. A copy of the seizure decision is handed over to the interested person, if he is present.

Article 209- Seizure of correspondence

1. When the court has reasonable grounds to think that in the postal or telegraphic offices there are letters, negotiable instruments, envelopes, boxes, telegrams and other items of correspondence sent by or to the defendant, even under other name or through another person, it is ordered their seizure.

2. When seizure is performed by a judicial police officer, he must hand in to the judicial authority the correspondence items seized without opening and without having access to their content in any other way.

3. The items seized but do not form part of the correspondence that can be seized, are returned to the one they belong to and may not be used.

Article 210- Seizure in banks

1. The court may order the seizure of bank documents, negotiable instruments, sums deposited in current accounts and any other thing, even if they are in safety vaults, when there are reasonable grounds to think that they are connected to the criminal offence, even though they do not belong to the defendant or are not under his name. In urgent cases this decision may be taken by the prosecutor.

Article 211- Obligation to hand in and maintain secrecy

1. Persons bound to maintain professional or state secrecy must immediately hand in to the proceeding authority acts and documents, even in the original copies, and anything else kept by them because of their duty, service or profession, except when they declare that it is a state secret or a secret related to their duty or profession. In the latter case, the necessary verifications are conducted and, when it results that the declaration is groundless, the proceeding authority orders the seizure.

2. When the competent authority confirms the state secret and the evidence is crucial to the solution of the case, the proceeding authority decides to acquire the evidence.

3. If within thirty days from the request, the competent authority does not confirm the secret, the proceeding authority orders its seizure.

Article 212- Appeal against the seizure decision

1. Defendant, the person in whose possession the items have been seized and the one who has the right to request their return, may appeal in court against the decision of seizure.

2. The appeal does not suspend the execution of the decision.

Article 213- Copies of seized documents

1. The preceding authority may order the issuing of copies of seized acts and documents, returning the original copies and, when the original copies must be retained, orders the secretariat to issue certified copies.

2. In any case, the person or office where the seizure took place has the right to have a copy of the records of seizure.

3. When the seized document is part of a volume or register which cannot be severed from, and the proceeding authority needs the original, the volume or register shall be under the order of the proceeding authority. Secretary of the proceeding authority issues to the interested persons, when they request, copies, extracts or certificates of parts of the volume or register which have are not subject of seizure.

Article 214- Custody of seized items

1. Items seized are kept under the custody of secretariat. If this is not possible or appropriate, the proceeding authority orders that they be kept in custody in another place, specifying the manner of custody.

2. During the delivery, the person in charge is warned on the obligation of custody and presentation of items when requested by the proceeding authority and the punishment also provided by the criminal law for the one who violates the obligation of preservation.

Article 215- Sealing of seized items

1. Seized items are kept under the seal of the proceeding authority or, depending on the nature of the items, by other adequate means, stating that they are maintained for the needs of justice.

2. The proceeding authority issues copies of the documents and photographs or other reproductions of seized items which may alter or which are difficult to be preserved, which he attaches to the documents and orders them to be filed in the secretariat.

3. Items that may alter, the proceeding authority orders, as the case may be, their conversion or destruction.

Article 216- Opening and closing of seals

1. The proceeding authority, when it wants to open seals, verifies whether or not they are damaged and when it ascertains any changes, it keeps the records. After performing the action that required the opening of seals, the items seized are sealed again, attaching close to the seal the date of intervention.

Article 217- Return of seized items

1. If retaining of seizure is not necessary for purposes of evidence, the items seized are returned to the one they belong to, even before the final decision is issued. When it is necessary, the proceeding authority orders the repossession of returned items.

2. The court may order, on the request of prosecutor or civil claimant, not to return the items seized, when seizure must be retained to secure the civil claim.

3. The items seized are returned to the person they belong to, after the decision becomes final, except when confiscation is ordered.

Article 218- Rules on returning of seized items

1. The court decides to return the seized items where there is no doubt on their belonging.

2. When items are seized from a third party, they may not be ordered to be returned in favour of others parties, without the third party being heard by the court.

3. During the preliminary investigations, the return of seized items is ordered by the prosecutor. Interested parties may appeal in court against the order.

Article 219- Provisions in case of non-returning of items

1. If after one year from the day the decision has become final, the request for return has not been filed or has not been accepted, the court which has issued the decision, orders that the money and negotiable instruments shall be deposited in a bank, in a special account. Items are ordered to be sold, but when they have scientific or artistic value, they are transferred to the relevant institutions.

2. The sale may be ordered also before the time period stipulated in paragraph 1, when the items may not be preserved without the danger of deteriorating or considerable expenses.

3. The proceeds gained from the sale are deposited in a special bank account.

Article 220- Expenses for seized items

1. Expenses necessary for maintaining seized items, are covered by the state, which has priority over any other creditor to the sums deposited from the items and values not returned.

FIRST PART

TITLE V- REMAND ORDERS

CHAPTER II- ASSIGNING AND ENFORCEMENT OF REMAND ORDERS

Article 247- Searching for the person who is not found (absconding)

1. When the person against whom a remand order has been issued is absconding, the judicial police officer or agent keeps the minutes in which he records the searches conducted and sends it to the court that has issued the decision.

2. When the court judges that the searches conducted are complete, declares the person absconding.

3. Through the act declaring the absconding, the court assigns a defence counselto the person absconding and orders that a copy of the decision, assigning the measure, be filed with the secretariat.

4. The person who escapes from the place he is under watch is, for all purposes, equated with the person absconding.

5. To facilitate the search for the absconded person, the court may order the interception of telephone conversation and other forms of communication.

FIRST PART

TITLE V- REMAND ORDERS

CHAPTER II- ASSIGNING AND ENFORCEMENT OF REMAND ORDERS

Article 248- Questioning of the arrested person

1. Not later than three days from the execution of the remand order, the court questions the person against whom it issued the remand into custody or house arrest order.

2. The court through questioning verifies enforcement conditions of the arrest orders and the security needs. When these conditions do not exist, the court revokes or replaces the remand order.

3. During questioning of the arrested person, take part the prosecutor and defence counsel who are notified by the court secretariat.

4. When the questioning of the arrested person must be held in a court of another district, the court requests that the questioning is conducted by a judge of that court.

FIRST PART

TITLE V- REMAND ORDERS

CHAPTER VI- PROPERTY REMAND ORDERS

SECTION I- PROPERTY ATTACHMENT ORDER

Article 270- Conditions and effects of the order

1. When there are reasonable grounds to think that there is no guarantee for the payment of fine sentence, expenses of the proceedings and any other obligation to the state property, the prosecutor request the attachment of the defendant’s movable or immovable property or sums of money or items that others owe him, within the boundaries that law permits their seizure.

2. The plaintiff may request the attachment of the property of the defendant or the person liable to a civil claim, under the conditions provided for by paragraph 1.

3. Property attachment issued on the request of the prosecutor is also applicable to the person liable for a civil claim.

Article 271- Court decision on attachment

1. Property attachment is ordered on the decision of the competent court.

2. When a decision in the first instance court has been issued, the property attachment is ordered before the documents are transferred to the court of appeal.

3. The property attachment order is enforced by court bailiff according to the rules prescribed by the Civil Procedure Code.

4. The property attachment ceases to have effects when the decision of acquittal or dismissal of the case becomes final.

Article 272- Offer of security for the obligation

1. When the defendant or the person sued under a civil claim offers an appropriate legal means to guarantee the obligation (pawn, guarantee, deposit, charge) the court does not order the property attachment or revokes it and assigns the mode of performing the obligation.

2. When the offer is made alongside the appeal, the court revokes the property attachment order if it deems that the offer of guarantee is in proportion to the value of the property attached.

Article 273- Execution of attachment order

1. The property attachment order is converted into executable attachment order when the fine sentence or the order compelling the defendant and the person liable under a civil claim for reimbursement of the damage, becomes final.

2. Mandatory execution of the property attached is done according to the rules provided for under Civil Procedure Code. From the proceeds of sale of the property attached and from those means offered to guarantee the obligation are paid in order, payments belonging to the plaintiff for reimbursing the damage and legal expenditures, fine sentences, proceedings expenditures and any other payments in favour of the state.

FIRST PART

TITLE V- REMAND ORDERS

CHAPTER VI- PROPERTY REMAND ORDERS

SECTION II- PREVENTIVE SEIZURE

Article 274- Object of preventive seizure

1. When there is a danger that free possession of an item connected to the criminal offence may aggravate or prolong its consequences or facilitate the commission of other criminal offences, the competent court, on the application of the prosecutor, orders its seizure by reasoned decision.

2. Seizure may also be ordered against items, proceeds of the criminal offence and against any other kind of property that is permitted to be seized conform Article 36 of the Criminal Code.

3. When the application conditions alter, the court, on the application of the prosecutor or interested person, cancels the seizure.

PART II

TITLE VI- PRELIMINARY INVESTIGATIONS

CHAPTER V- ACTIONS OF PROSECUTOR

Article 311- Interrogation of the defendant in a connected proceeding

1. The person who is a defendant in a connected proceeding is interrogated by the prosecutor in forms provided for by article 167.

PART II

TITLE VI- PRELIMINARY INVESTIGATIONS

CHAPTER V- ACTIONS OF PROSECUTOR

Article 312- Obtaining of information

1. The prosecutor obtains information from the injured person and those who can provide useful circumstances for the purposes of investigation, complying with the rules prescribed for obtaining of testimony.

2. The persons are summoned which contains:

a) personal details of the person;

b) day, time and the venue of appearance;

c) the warning that the prosecutor may order compulsory appearance in case of non appearance without lawful impediments.

3. The prosecutor summons in the same way the interpreter and expert.

PART II

TITLE VI- PRELIMINARY INVESTIGATIONS

CHAPTER V- ACTIONS OF PROSECUTOR

Article 313- Identification of persons and items

1. The prosecutor, when it is necessary, proceeds with the identification of persons, items or anything else, which is can be perceived by senses.

2. The persons, items and other objects are presented or showed in pictures to the person making the identification.

3. When there are reasonable grounds to think that the person summoned to make the identification may be hesitant or influenced in the presence of the person under identification, the prosecutor takes steps that the action is performed without the knowledge of the one under identification.

PART II

TITLE VI- PRELIMINARY INVESTIGATIONS

CHAPTER V- ACTIONS OF PROSECUTOR

Article 321- The taking of evidence

1. The hearing of the taking of the evidence is held in the compulsory presence of the prosecutor and defence lawyer of the defendant. The attorney of the injured has also the right to participate.

2. The defendant and the injured have the right to participate when a witness or another person must be interrogated. In other cases they may participate with prior authorisation of the court.

3. It is prohibited the taking of the evidence related with facts dealing with persons who are not represented by the defence lawyers in the hearing.

4. The minutes, objects and documents obtained in order to provide the custody of the evidence shall be sent to the prosecutor. The defence lawyers have the right to access and to issue copies of them.

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER II- INTERNATIONAL REGATORY LETTERS

SECTION I- REGATORY LETTERS FROM ABROAD

Article 506- Judicial Proceedings

1. The foreign letter of application cannot be executed unless the court of the place where he must be proceeded has rendered a favourable decision rendered.

2. The district prosecutor, after taking the acts from the Minister of Justice, submits his request to the court.

3. The court disposes of the execution of the letter of application by a decision.

4. The execution of the letter of applications not accepted:

a) in cases the Minister of Justice does not grant support to the letter of application

b)when the fact for which the foreign authority proceeds is not provided as a criminal offence by the Albanian law

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER II- INTERNATIONAL REGATORY LETTERS

SECTION I- REGATORY LETTERS FROM ABROAD

Article 507- Execution of letters rogatory

1. The decision for the execution of the letter of application shall appoint the panel that must carry out the requested action.

2. For the performance of the requested actions the provisions of this Code shall apply, except in case the special rules requested by the foreign judicial authority, which are not in contrary with the principles of the Albanian rule of law, must be observed.

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER III- EXECUTION OF CRIMINAL DECISION

SECTION I- EXECUTION OF FOREIGN CRIMINAL DECISION

Article 517-Seizure

1. Upon request of prosecutor the competent court may impose the attachment of sequestrable objects.

2. The decision is subject to appeal.

3. Shall be respected, as far as they are applicable, the provisions regulating the preventive attachment.

Rome Statute

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.

4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.

5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.

6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.

7.

(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.

8.

(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.

9.

(a)

(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.

(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.

(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.

10.

(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.

(b)

(i) The assistance provided under subparagraph (a) shall include, inter alia:

a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and

b. The questioning of any person detained by order of the Court;

(ii) In the case of assistance under subparagraph (b) (i) a:

a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;

b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.

(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.