Albania - Criminal Procedure Code 1995 (2017) EN

Article 98 Language of the documents
1. Criminal procedural documents are drafted in Albanian language.

Article 98 Language of the documents
3. Breach of these rules results in documents invalidity.

Article 191 Taking of documents
1. The collection of documents which represent facts, persons or items through picturing, filming, recording or any other means shall be permitted.
2. In cases where the original copy of a document is destroyed, lost or vanished, its copy may be obtained.
3. Documents which constitute material evidence must be acquired, despite the person producing or keeping them.

Article 191/a Obligation to disclose computer data
1. When trying IT related criminal cases, the Court, upon request of the prosecutor or the accusing victim, shall order the one keeping or supervising them to hand over the computer data stored in a computer-system or in another means of storage.
2. In such proceedings, the Court shall also order the service provider to disclose any information on the subscribers and on the services provided by it.
3. When there are grounded reasons that delay may result in a serious impairment for the investigations, the prosecutor, by a reasoned resolution, shall order the obligation to disclose the computer data as defined in paragraphs 1 and 2 of this Article and immediately notify the court. The court shall evaluate the prosecutor resolution within 48 hours from notification.

Article 192 Documents on personality
The collection of criminal record certificates and final court decisions with the purpose of evaluating the defendant’s or victim’s personality, when the fact being examined is to be assessed in relation to their conduct or moral qualities shall be permitted.
Such documents may also be obtained to assess the reliability of a witness.

Article 193 Collecting minutes from other proceedings
1. The minutes of evidence from other criminal proceedings may be collected, if they concern pre-trial admission of evidence or evidence administered during the trial.
2. The minutes of evidence taken in a civil trial for which a final decision has been issued can be collected.
3. In the cases referred to in paragraphs 1 and 2, the minutes of the statements may be used against the defendant only if the lawyer has taken part during their collecting.
4. Records of unrepeatable actions may be collected, including defendant’s statements, if it is proved the objective impossibility of their taking, unforeseeable at the time when the action took place.
5. Except for the cases provided for in the above paragraphs, the minutes of evidence may be used in the trial only if the defendant gives his/her consent. If this is not the case, they may be used for the challenges provided for in Articles 362 and 365 of this Code.
6. The parties are entitled to request the questioning of the persons, whose statements have been taken under the provisions of this Article.
7. The final decisions may be collected as evidence of the existence of the facts, and shall be evaluated together with the other evidence.

Rome Statute

Article 64 Functions and powers of the Trial Chamber

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;

If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.

Article 73 Third-party information or documents

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:

(d) The service of documents, including judicial documents;

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


(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.


ARTICLE 7 Inviolability of Archives and Documents

The archives of the Court, and all papers and documents in whatever form, and materials being sent to or from the Court, held by the Court or belonging to it, wherever located and by whomsoever held, shall be inviolable. The termination or absence of such inviolability shall not affect protective measures that the Court may order pursuant to the Statute and the Rules of Procedure and Evidence with regard to documents and materials made available to or used by the Court.