Provisional arrest - release - national proceedings

Albania

Albania - Criminal Procedure Code 1995 (2017) EN

TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION I EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 515 Coercive measures
1. Upon request of the prosecutor, the court that is competent for the recognition of a foreign decision may impose a coercive measure to the convicted person who is in the Albanian territory. When imposing coercive measures, the provisions of title V of this Code shall apply, to the extent applicable.
2. The court, within three days from the execution of the coercive measure, takes measures for the identification of the person and notifies him immediately about the right to have a defence lawyer.
3. The coercive measure imposed under this article shall be revoked when from the start of its execution three months have passed without a decision of recognition is issued by the district court or six months without such decision has become final. 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 from each court.
4. Revocation and replacement of the coercive measure is decided by the district court.
5. copy of the decision issued by the court is notified, after the execution, to the prosecutor, the person convicted by a foreign court and to his defence lawyer, who may file an appeal to the court of appeal.

Rome Statute

Article 92 Provisional arrest

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.