Taking of evidence - national proceedings

Albania

Albania - Criminal Procedure Code 2011 EN

FIRST PART

TITLE IV – EVIDENCE

CHAPTER I- GENERAL PROVISIONS

Article 151- Obtaining of evidence

1. During the preliminary investigations, evidence is obtained by the proceeding authority conform the rules provided for under this Code.

2. During the trial, evidence is obtained on the request of the parties. The court decides by an order, excluding evidence prohibited by law and those who are patently unnecessary. Provisions on obtaining evidence may be revoked at any stage of court trial.

3. When evidence, which is not governed by law, is requested, the court may obtain it if it is worth to prove the facts and it does not vitiate the freedom of will of the person. The court decides on obtaining the evidence after hearing the parties about the way of obtaining it.

4. Evidence obtained in contravention of prohibitions provided by law may not be used. Non application is also raised ex-officio at any stage and instance of the proceedings.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION VII- MATERIAL EVIDENCE


Article 188- Obtaining of material evidence

1. Material evidence are described in detail in the records, when it is possible they are photographed or filmed and, on the order of the proceeding authority, shall be attached to the trial file.

Article 189- Preservation of material evidence

1. Material evidence that because of their nature may be perished, are handed over for use to certain entities, which are bound to return the same or their value if they cannot be returned to the persons they belong to.

Article 190- Provisions on material evidence

1. The court or prosecutor in the final decision or in the decision dismissing the case decides what shall be done with the material evidence, ordering:

a) items that have served or designated as means for committing a criminal offence and items which constitute benefits gained from it or given or promised payment for its commission shall be acquired and transferred to the state, except in cases when they belong to persons who have not been involved in the commission of the criminal offence;

b) items, the maintenance or transfer of which is prohibited shall be delivered to the respective entities or destroyed;

c) items that have no value shall be destroyed;

d) other items are returned to the persons that they belong to and, when there is dispute on their ownership, shall be kept until the it is resolved by the court.

2. Material evidence may also be returned to the persons they belong to before the conclusion of the proceedings, provided it does not harm the solution of the case.

PART II

TITLE VI- PRELIMINARY INVESTIGATIONS

CHAPTER V- ACTIONS OF PROSECUTOR

Article 321- The taking of evidence

1. The hearing of the taking of the evidence is held in the compulsory presence of the prosecutor and defence lawyer of the defendant. The attorney of the injured has also the right to participate.

2. The defendant and the injured have the right to participate when a witness or another person must be interrogated. In other cases they may participate with prior authorisation of the court.

3. It is prohibited the taking of the evidence related with facts dealing with persons who are not represented by the defence lawyers in the hearing.

4. The minutes, objects and documents obtained in order to provide the custody of the evidence shall be sent to the prosecutor. The defence lawyers have the right to access and to issue copies of them.

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

CHAPTER V
TRANSFERRING CRIMINAL PROCEEDINGS

SECTION II
TRANSFERRING CRIMINAL PROCEEDINGS FROM FOREIGN STATES

Article 75
Validity of actions of receipt of evidence

The means of seeking evidence received by foreign judicial authorities are valid in a criminal proceeding accepted in Albania, except when they conflict with the fundamental principles of the Albanian legal order and the principles of international acts for the protection of the fundamental human rights and freedoms.

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:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;