Provision of records and documents - national proceedings

Albania

Albania - Criminal Procedure Code 2011 EN

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION VIII- DOCUMENTS

Article 191- Obtaining of documents

1. It is permitted to obtain documents that represent facts, persons or items through photographing, filming, phonograming or any other means.

2.When the original copy of a document is destroyed, lost or vanished, its copy may be obtained.

3. Documents that constitute material evidence must be obtained whoever produced or possesses them.

Article 192- Documents on personality

1. It is permitted to obtain criminal records certificates and final court decisions in order to judge on the defendant’s and injured person’s personality when the fact under proceedings must be assessed in relation to their conduct or moral qualities.

2. These documents may also be obtained to assess the credibility of a witness.

Article 193- Obtaining records of other proceedings

1. It is permitted to obtain the records of other criminal proceedings pertaining to pre¬trial preservation (admission) of evidence or evidence admitted during trial examination.

2. It is permitted to obtain records of evidence in a civil trial that has ended with a final judgement.

3. It is permitted to obtain documents of actions that cannot be repeated.

4. In addition to the cases provided for under paragraph 1, 2, and 3, records of evidence may be used during trial examination if the parties agree or for rebuttals provided for by articles 364 and 367.

5. Final (court) decisions may be obtained for purposes of evidence pertaining to the existence of a fact, assessing it in unity with other evidence.

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:

(i) The provision of records and documents, including official records and documents;