TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION I EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 516 Determining the sanction
1. When recognising a foreign decision, the court determines the punishment to be served in the Albanian state. It converts the punishment imposed in the foreign decision into one of the punishments provided for the same fact by the Albanian law. This punishment must correspond, by nature, to the one which has been established in the foreign decision. The length of the punishment may not exceed the maximum term provided for the same fact by the Albanian law.
2. When the foreign decision does not specify the length of the punishment, the court establishes it based on the criteria indicated in the Criminal Code. In no case the imposed punishment may be higher than the one imposed by the recognized criminal decision.
3. When the execution of the punishment rendered in a foreign state has been conditionally suspended, the court, with the decision of recognition, in addition to other issues, rules also on the conditional suspension of the punishment. the court does the same when the defendant has been conditionally released in the foreign country.
4. In order to establish a punishment by fine, the amount indicated in the foreign decision shall be converted in equal value into Albanian currency, applying the exchange rate of the day on which the recognition was decided.
5. The decision of recognition regarding the execution of a confiscation shall also order the execution of the confiscation.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.