Procedure for witness testimony - national proceedings

Albania

Albania - Criminal Procedure Code 1995 (2017) EN

CHAPTER IV THE DEFENDANT
Article 37/a Cooperation with justice
1. The defendant accused of a crime punishable not less than 7 years’ imprisonment, in the maximum term, committed in collaboration, or of any of the criminal offences referred to in letter “a” of paragraph 1, of article 75/a, of this Code, may acquire the status of collaborator of justice, by signing the collaboration agreement with the prosecutor. The agreement, which contains the terms of collaboration may be stipulated at any stage or phase of the proceedings, even after the criminal decision has become final and is put into execution.
2. The agreement is stipulated if the defendant testifies, with no reserves or conditions, on all facts and circumstances that he is aware of, due to his participation in the criminal activity. Histestimony must constitute a fundamental evidence of guilt as to the prove of the facts and of their authorship, as well as for the prevention of serious crimes and for repairing the damages caused by them. The defendant, in his testimony, shall identify all assets having a criminal origin, which are in his possession and of his collaborators. The above information shall be provided within 30 days from the date of signing the agreement.

CHAPTER IV THE DEFENDANT
Article 37/b Content of the agreement
1. The agreement with the collaborator of justice shall contain:
a) the identity of the prosecutor and the personal data of the collaborator of justice;
b) the fact that the collaborator of justice has the obligation to testify in the witness capacity;
c) his obligation to provide full information, without any reserve or condition for all the facts and the circumstances set out in paragraph 2 of Article 37/a of this Code, no later than thirty days of the date of signing the agreement;
ç) the warning about the revocation of the agreement and the criminal liability in cases provided for in paragraph 5 of Article 37/a of this Code;
d) the right of the collaborator to request to reach a guilty plea agreement with the prosecutor and the imposing of the sentence, pursuant to the articles 406/d seq. of this Code
dh) the obligation of the prosecutor to ask the court to reduce the sentence or his exclusion from punishment in proportion to the extent of his contribution in the collaboration with justice ;
e) the right of the collaborator to request special protection pursuant to paragraph 3 of article 37/a of this Code;
ë) the signature of the prosecutor, collaborator of justice and lawyer, when present.
2. The declarations of the collaborator of justice along with the collaboration agreement shall be part of the preliminary investigation dossier.

CHAPTER II TYPES OF EVIDENCE
SECTION I TESTIMONY
Article 165/a Witness with hidden identity
1. Where giving testimony might put the witness or his/her family members in a serious risk for his/her life or health, and the defendant has been charged of any of the crimes provided for in Articles 230, 230/a, 230/b, 230/c, 230/ç, 231, 232, 232/a, 232/b, 234, 234/a, 234/b, 265/a, 265/b, 265/c, and the witness protection program is not applicable, the court may, upon the request of the prosecutor, decide the application of special questioning techniques pursuant to Article 361/b of this Code.
2. The request of the prosecutor shall be submitted to the presiding judge of the panel in a closed envelope, with the note: “Confidential: witness with hidden identity”. In the request, the prosecutor shall present the reasons why the use of one or more of the special questioning techniques are needed.
3. In the envelope with the above note, the prosecutor shall insert also the sealed envelope containing the full identity of the witness with hidden identity. Only the presiding judge shall be entitled to know the real identity of the witness with hidden identity and he shall verify the capacity and incompatibility with the witness role pursuant to this Code. The date, name, signature and function of persons having opened the envelope and those becoming aware of the data contained in the envelope shall always be noted evidently on the envelope. Following the accomplishment of verifications, the envelope with the real identity of the witness with hidden identity shall be returned to the prosecutor.
4. The court shall examine the request of the prosecutor in closed session and decide by reasoned decision within forty-eight hours of the request submission.
5. The prosecutor may file a complaint against the court decision within forty-eight hours of the decision being notified. The appeal court shall examine the complaint in closed session and

decide on the complaint within forty-eight hours of the file being obtained. This decision shall not be subject to appeal.
6. If the court admits the request of the prosecutor, it shall decide on the pseudonym of the witness and the procedures for hiding the identity, notification, appearance and participation in proceedings. The questioning of the witness shall be conducted pursuant to the rules referred to in Article 361/b of this Code.
7. The witness shall participate in all stages of the proceeding only with the pseudonym ascribed by the court, unless otherwise provided for in paragraph 8 of this Article.
8. The questioning of the person with hidden identity and the assignment of the pseudonym during the investigation shall be done by the prosecutor. The acts where he takes part shall be signed by his/her ascribed pseudonym.”

TITLE IX EXECUTION OF DECISIONS
CHAPTER II INTERNATIONAL ROGATORY LETTERS
SECTION I ROGATORY LETTERS FROM ABROAD
Article 508 Summoning of witnesses requested by a foreign authority
1. The summoning of the witnesses, who have their residence or domicile in Albania, to appear before the foreign judicial authority, are sent to the prosecutor of the relevant district, who takes measures for the notification, acting in the same way as for the notification of the defendant in free state.

Albania - Law on Jurisdictional Relations with Foreign Authorities 2009 (2013)

CHAPTER II
LETTERS ROGATORY

Article 20
Hearing sessions through telephonic or audio-visual connections

1. Local judicial authorities may address a request to foreign judicial authorities for questioning at a distance of a witness or expert located outside the state, through telephonic or audio-visual connections.
2. A request addressed to a foreign judicial authority for the holding of a session through telephonic or audio-visual connections should contain, in addition to the information provided by point 1 of article 5 of this law:
a) the name of the local judicial authority and of the persons that will direct the hearing session;
b) the reason why it is not possible for the witness or expert to participate personally.
3. Local judicial authorities execute foreign letters rogatory with the object of holding hearing sessions through telephonic or audiovisual connections when:

a) the witness or expert does not desire or does not have the possibility to appear at the foreign judicial authorities, and also has given consent for the holding of the session in this form;
b) the competent court has approved the request of the requesting state for holding the session in this form.
4. The questioning of witnesses or experts at a distance is done by the local judicial authorities while respecting the rules of international agreements and the provisions of the Code of Criminal Procedure.

Rome Statute

Article 69 Evidence

1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.

2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.