Questioning of persons - national proceedings

Albania

Albania - Criminal Procedure Code 2011 EN

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION II- INTERROGATION OF DEFENDANT AND PRIVATE PARTIES

Article 167- Questioning of a defendant in a connected proceeding

1. Persons held as defendants in a connected proceeding, who are or were prosecuted separately, are questioned on the request of the party or ex-officio.
2. They are obliged to appear before the court, which, when necessary, orders their compulsory appearance. Provisions relevant to summoning of witnesses shall apply.
3. Persons stipulated in paragraph 1 are assisted by the elected defence counsel and, in his absence, by a defence counsel assigned ex-officio.
4. Prior to questioning, the court informs the persons stipulated under paragraph 1 that they have the right not to answer.
5. Provisions of the above paragraphs shall also apply during preliminary investigations to persons who are defendants in a criminal offence connected to the one under proceeding.

Article 167/a- The interrogation in distance of a person taken as defendant in a
related/linked proceeding or who suffers the sentence abroad

The defendant in a related proceeding, who is already proceeded or who suffers the sentence abroad for another crime, when the extradition is refused, may be interrogated in a distance, through audiovisual connection, according to the international agreements, provided that the foreign state guarantees the participation of the defense lawyer of the defendant in the place where the interrogation will take place.

Article 168- Questioning of private parties

1. Provisions provided for under articles 153, 154, 157, paragraph 2 and 363 are applicable to questioning of private parties.

2. When the party refuses to answer a question, it is so stipulated in the records.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION VI- EXPERT EXAMINATION

Article 178- Object of Expert Examination

1. Expert examination is allowed when it is necessary to carry out researches or to acquire information or evaluations that require special technical, scientific or cultural knowledge.
2. Expert examination to determine the professionalism in the (commission) of the criminal offence, criminal drive, the character and personality of the defendant and, in general, the psychical features that do not depend on pathological causes, are not allowed.

Article 179- Assigning of Expert

1. An expert is assigned by selecting him among persons recorded in certain books for this purpose or among those who have special knowledge in the relevant subject. When the expert examination is declared invalid or new examination is needed to be performed, the proceeding authority takes measures, when possible, that the new task shall be entrusted to another expert.

2. Notice of the proceeding authority decision to assign an expert shall be served to the defendant or his defence counsel, informing him that he has the right to ask for disqualification of the expert, to propose other experts, to take part in expert examination, when possible, and to present questions to the expert.

3. When researches and evaluations seem very complex or require different knowledge in several subjects, the proceeding authority entrust the performance of examination to several experts.

4. Expert is bound to perform his task, except in cases where there exists one of the grounds that excludes him from being an expert or when he claims that he is not competent or does not have the ability to perform the expert examination and his request is accepted by the proceeding authority.

FIRST PART

TITLE V- REMAND ORDERS

CHAPTER II- ASSIGNING AND ENFORCEMENT OF REMAND ORDERS

Article 248- Questioning of the arrested person

1. Not later than three days from the execution of the remand order, the court questions the person against whom it issued the remand into custody or house arrest order.

2. The court through questioning verifies enforcement conditions of the arrest orders and the security needs. When these conditions do not exist, the court revokes or replaces the remand order.

3. During questioning of the arrested person, take part the prosecutor and defence counsel who are notified by the court secretariat.

4. When the questioning of the arrested person must be held in a court of another district, the court requests that the questioning is conducted by a judge of that court.

PART II

TITLE VI- PRELIMINARY INVESTIGATIONS

CHAPTER V- ACTIONS OF PROSECUTOR

Article 311- Interrogation of the defendant in a connected proceeding

1. The person who is a defendant in a connected proceeding is interrogated by the prosecutor in forms provided for by article 167.

PART II

TITLE VI- PRELIMINARY INVESTIGATIONS

CHAPTER V- ACTIONS OF PROSECUTOR

Article 312- Obtaining of information

1. The prosecutor obtains information from the injured person and those who can provide useful circumstances for the purposes of investigation, complying with the rules prescribed for obtaining of testimony.

2. The persons are summoned which contains:

a) personal details of the person;

b) day, time and the venue of appearance;

c) the warning that the prosecutor may order compulsory appearance in case of non appearance without lawful impediments.

3. The prosecutor summons in the same way the interpreter and expert.

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:

(c) The questioning of any person being investigated or prosecuted;