Albania - Criminal Procedure Code 1995 (2017) EN

Article 519 Requirements for executing abroad
1. In cases provided by international conventions or by article 501, paragraph 2, the Ministry of justice requests the execution abroad of the criminal decisions or gives the consent when it is requested by a foreign state.
2. The execution abroad of a criminal conviction decision with restriction of the personal freedom may be requested or permitted only if the convicted person has become informed of the consequences, has declared freely that he gives his consent and when the execution in the foreign state is appropriate to his social rehabilitation.
3. The execution abroad is also allowed when there are conditions provided by paragraph 2, if the convicted person is in the territory of the state to whom the request has been addressed and the extradition has been rejected or anyway is not possible.

Article 520 Court decision
1. Before requesting the execution of a decision abroad the Ministry of Justice shall send the acts to the prosecutor, who shall submit a request to the court.
2. the consent of the convicted person should be given before the Albanian court. In case he is abroad the consent may be given before the Albanian consular authority or before the foreign court.

Article 521 Cases when execution of the sentence abroad is not allowed
1. The Minister of Justice cannot request the execution abroad of a criminal decision by restriction of personal freedom when there are grounds to believe that the convicted person shall be subject to persecution or discrimination acts by reason of race, religion, nationality, language or political opinions or inhuman, cruel or degrading punishment and treatment.

Article 522 Request for precautionary detention in prison abroad
1. When it is requested the enforcement of a decision restricting the personal freedom and the convicted person is abroad, the Ministry of Justice shall request his precautionary detention in prison.
2. With the request for the execution of a confiscation the Ministry of Justice has the right to request the sequestration of items which can be confiscated.

Article 523 Suspension of Execution in the Albanian State
1. The execution of the sentence in the Albanian state is suspended once the execution in the foreign state has started.
2. The sentence may no longer be enforced in the Albanian state when, pursuant to the foreign countries laws, it has been entirely served.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.

Article 103 Role of States in enforcement of sentences of imprisonment


(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.


(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.