TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION I EXTRADITION ABROAD
Article 493 Coercive measures and sequestrations
1. Upon request of the Ministry of Justice, presented through the prosecutor, coercive measures and sequestration of the material evidence and of the items related to the criminal offence for which extradition is requested, may be imposed against the person subject to extradition.
2. The imposing of the coercive measures shall be regulated by the provisions of the title V of this Code, mutatis mutandis, keeping in consideration the requirements to guarantee that the person for whom extradition has been requested shall not escape from transferring.
3. The coercive measures and the sequestration shall be not imposed when there are reasons to believe that the requirements to provide a decision in the favour of extradition do not exist.
4. The coercive measures are revoked when within three months from the start of their execution it has not terminated the proceedings before the court. Upon the request of the prosecutor the time period can be prolonged, but not longer than one month, when necessary to make particularly complex verifications. If an appeal is filed with the Court of Appeal or the High Court, the coercive measure shall be revoked if trial has not been finalized within 3 months from the receipt of acts respectively for each court.
5. The competent court to render a decision pursuant to the above paragraphs, is the district court or, during the proceedings before the court of appeal, the latter one.
6. The court examining the request for imposition of a coercive measure shall also examine the request for extradition. In any case, upon request of the Ministry of Justice, the court shall revoke the precautionary measure it has imposed.
EXTRADITION FROM THE REPUBLIC OF ALBANIA
The surrender of a person under investigation, a defendant or a convicted person toward a foreign state is done according to this law, the rules of Albanian legislation and international agreements to which the Republic of Albania is a party.
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.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.