Enforcement of sentences of imprisonment

Albania

Albania - Criminal Code 1995 (2013) EN

1 General Part

Chapter 1- Criminal Law and its Application

Article 10 Validity of criminal sentences of foreign courts

Unless otherwise provided for by bilateral or multilateral treaties, the criminal sentences of foreign courts on Albanian citizens who plead guilty of committing a criminal act are valid in Albania within the limits of the Albanian law, also on the following merits:

a) for the effect of qualifying as recidivist the person who has committed the criminal act;

b) to execute sentences comprising additional punishment;

c) for implementing security measures;

d) for compensation of damages or other civil law effects.

Albania - Criminal Procedure Code 2011 EN

GENERAL PROVISIONS

Article 5- Restrictions on the personal freedom

3. Persons convicted to imprisonment are ensured of human treatment and moral rehabilitation.

PART II

TITLE I X- EXECUTION OF SENTENCES

CHAPTER I- PUTTING IN MOTION EXECUTION OF SENTENCES

Article 464- Execution of imprisonment sentences

1. In order to execute a sentence to imprisonment the prosecutor issues the order of execution.

2. The order of the enforcement comprises the personal data of the sentenced, the holdings of the sentence and the necessary dispositions for execution.

3. When the sentenced is detained the order is sent to the state authority that administers the prisons and is notified to the interested person, whereas when the sentenced is not held detained it shall be ordered his imprisonment.

4. The same way shall be acted in cases of the enforcement of decisions of compulsory hospitalisation in medical or educational institutions.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.

2.

(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 105 Enforcement of the sentence

1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.

2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.