Production of evidence - national proceedings


Albania - Criminal Procedure Code 2011 EN





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.

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;