Identification and whereabouts of persons - national proceedings

Albania

Albania - Criminal Procedure Code 2011 EN

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION IV- IDENTIFICATIONS

Article 171- Identification of persons

1. When the need arises to conduct the identification of a person, the proceeding authority invites the one who must do the identification to describe the person (to be identified), telling all the signs he remembers and asking him whether he has been previously summoned to do the identification and also about other circumstances, which may contribute to the accuracy of identification.

2. Actions provided for by paragraph 1 and statements made by the person who does the identification are entered in the records.

3. Non compliance with the provisions of paragraph 1 and 2 is a cause for the invalidity of identification.

Article 172- Performing identification

1. The proceeding authority, after taking away the person that will do the identification, ensures the presence of at least two persons looking as alike as possible to the person to be identified. It invites the latter to choose his place in relation to others, taking care to be portrayed, as much as possible, in the same circumstances under which would have been seen by the person called to do the identification. After the person who will do the identification appears, the court asks him whether he knows anyone of those presented for identification, and if yes, it invites him to show whom he knows and to specify whether he is sure.

2. When there are reasons to think that the person called to do the identification, may get scared or to have other influences by the presence of the person to be identified, the proceeding authority orders the act to be performed without the latter seeing the former.

3. The records state the mode of performing the identification otherwise it is invalid as a consequence. The proceeding authority may order, for purposes of documentation, that the performance of identification be photographed or filmed.

FIRST PART

TITLE V- REMAND ORDERS

CHAPTER II- ASSIGNING AND ENFORCEMENT OF REMAND ORDERS

Article 247- Searching for the person who is not found (absconding)

1. When the person against whom a remand order has been issued is absconding, the judicial police officer or agent keeps the minutes in which he records the searches conducted and sends it to the court that has issued the decision.

2. When the court judges that the searches conducted are complete, declares the person absconding.

3. Through the act declaring the absconding, the court assigns a defence counselto the person absconding and orders that a copy of the decision, assigning the measure, be filed with the secretariat.

4. The person who escapes from the place he is under watch is, for all purposes, equated with the person absconding.

5. To facilitate the search for the absconded person, the court may order the interception of telephone conversation and other forms of communication.

PART II

TITLE VI- PRELIMINARY INVESTIGATIONS

CHAPTER V- ACTIONS OF PROSECUTOR

Article 313- Identification of persons and items

1. The prosecutor, when it is necessary, proceeds with the identification of persons, items or anything else, which is can be perceived by senses.

2. The persons, items and other objects are presented or showed in pictures to the person making the identification.

3. When there are reasonable grounds to think that the person summoned to make the identification may be hesitant or influenced in the presence of the person under identification, the prosecutor takes steps that the action is performed without the knowledge of the one under identification.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;