PART ONE BASIC PRINCIPLES
Article 5
The Republic of Albania applies international law that is binding upon it.
PART SEVEN NORMATIVE ACTS AND INTERNATIONAL AGREEMENTS
CHAPTER I NORMATIVE ACTS
Article 116
1. Normative acts that are effective in the entire territory of the Republic of Albania are:
a. the Constitution;
b. ratified international agreements;
c. the laws;
รง) normative acts of the Council of Ministers.
1 General Part
Chapter 1- Criminal Law and its Application
Article 6 The applicable law on criminal acts committed by Albanian citizens
Concerning criminal acts committed by Albanian citizens within the territory of the Republic of Albania, the criminal law of the Republic of Albania shall apply.
1 General Part
Chapter 1- Criminal Law and its Application
Article 6 The applicable law on criminal acts committed by Albanian citizens
The criminal law of the Republic of Albania shall also be applicable to the Albanian citizen who commits an offence within the territory of another country, when that offence is concurrently punishable, unless a foreign court has given a final sentence.
1 General Part
Chapter 1- Criminal Law and its Application
Article 7 The applicable law on criminal acts committed by foreign citizens
The foreign citizen who commits a criminal act within the territory of the Republic of Albania is held responsible on the basis of the criminal law of the Republic of Albania.
1 General Part
Chapter 1- Criminal Law and its Application
Article 7 The applicable law on criminal acts committed by foreign citizens
The criminal law of the Republic of Albania is also applicable to a foreign citizen who, outside of the Republic of Albania, commits one of the following offences against the interests of the Albanian State or an Albanian citizen:
a) crimes against humanity;
b) crimes against Albanian independence and its constitutional order;
c) terrorist acts;
d) Organization of prostitution; illegal trafficking of human beings, children, and women; production and illegal trafficking of weapons, drugs, other narcotic and psychotropic substances, nuclear substances, pornographic materials and illegal trafficking of art works and objects with a historical, cultural, and archeological value.
e) hijacking airplanes or ships;
f) falsifying the Albanian state seal, Albanian currency, or Albanian bonds or stocks;
g) crimes which affect the life or health of Albanian citizens, to which the law provides for a punishment by imprisonment of five years or any other heavier punishment.
TITLE II JURISDICTION AND COMPETENCE
CHAPTER I JURISDICTION
Article 72 Lack of jurisdiction
1. Lack of jurisdiction may be raised, even ex officio, at any state and instance of the trial. The court issues a decision and orders, as the case may be, the transfer of the documents to the competent authority.
2. When the lack of jurisdiction is raised during the preliminary investigations, the prosecutor of the case shall submit the documents to the competent court to rule on the matter.
TITLE II JURISDICTION AND COMPETENCE
CHAPTER I JURISDICTION
Article 73 Conflicts of jurisdiction
1. When there are conflicts of jurisdiction, the court that raises it takes a decision, which it, along with a copy of the necessary documents for its settlement, transfers to the High Court, indicating the parties and defense lawyers.
TITLE II JURISDICTION AND COMPETENCE
CHAPTER II COMPETENCE
SECTION II TERRITORIAL JURISDICTION
Article 76 General rules
1. Territorial jurisdiction is determined, in order, by the venue where the criminal offence is committed or is attempted to be committed or the venue where the consequence has occurred.
2. If the venue indicated in paragraph 1 is not known, the jurisdiction belongs, in order, to the court of the residing place or the domicile of the defendant.
3. If the jurisdiction cannot be determined in this way, it belongs to the court where the Prosecution Office which recorded the criminal offence first, is placed.
4. Rules prescribed in the above paragraphs shall also apply during preliminary investigations.
TITLE II JURISDICTION AND COMPETENCE
CHAPTER II COMPETENCE
SECTION II TERRITORIAL JURISDICTION
Article 77 Jurisdiction for criminal offences committed abroad
1. If the offence is committed completely abroad, the jurisdiction is determined, in order, by the residing place, domicile, and place of arrest or surrender of the defendant. In case of several defendants, the proceedings shall be carried on by the court, which is competent for most of them.
2. If it cannot be determined in the ways stipulated in paragraph 1, the jurisdiction belongs to the court of the place where the prosecution office who has recorded the criminal offence for first is located.
3. If the criminal offence is partly committed abroad, the jurisdiction is determined pursuant to the general rules pertaining to territorial jurisdiction.
TITLE II JURISDICTION AND COMPETENCE
CHAPTER I JURISDICTION
SECTION IV RULINGS IN CASE OF LACK OF JURISDICTION
Article 83 Non -jurisdiction
1. Lack of subject matter jurisdiction may be raised, also ex officio, at any state and instance of the proceedings.
2. Lack of territorial jurisdiction, including the one resulting from joinder of connected proceedings, may be raised or challenged only before the initiation of the trial hearing.
Article 2- Organization of the courts for serious crimes
3.The number of courts for serious crimes and of courts of appeal for serious crimes and of their judges, as well as their territorial jurisdiction, is set by decree of the President of the Republic, on the proposal of the Minister of Justice, after receiving the opinion of the High Council of Justice.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.