TITLE II JURISDICTION AND COMPETENCE
CHAPTER I JURISDICTION
Section VII TRANSFER OF PROCEEDINGS
Article 94 Reasons for transferring
1. At any at any stage and instance of the proceedings, if the public security or the freedom of determination of any of the parties is impaired by serious local conditions, which may prejudice the hearing of the trial and are unavoidable in any other ways, the High Court, on the reasoned request of the prosecutor attached to the court at issue or on the request of the defendant, shall transfer the proceedings to another court.
Article 95 Request for transfer
1. The request for transfer is submitted, along with the related documents, to the secretary of the competent court and notice is served to other parties within seven days of submission.
2. The defendant’s request is signed by him in person or by his/her special representative.
3. The court transfers the request immediately to the High Court, along with possible documents and remarks.
4. Failure to comply with the forms and time limits provided for by paragraphs 1 and 2 constitute grounds for request rejection.
Article 96 Consequences of the request
1. The submission of the transfer request does not suspend the trial, but the court may not conclude the case until a decision for the acceptance or the rejection of the request is issued.
2. The High Court may decide to suspend the trial. The suspension does not prevent the performance of any urgent activities.
Article 97 Decision on the request for transfer
1. The High Court, after obtaining the necessary information, decides on the request in closed session, without the participation of the parties.
2. the decision accepting the request shall be notified to the court, which was holding the trial and the to the one assigned to adjudicate it. The court, which was proceeding, transfers the documents immediately to the assigned court and orders that notice of the High Court decision is served to the prosecutor, to the defendant and private parties.
3. The court assigned by the High Court declares by decision whether and to what extent the actions performed will stay valid.
RECOGNITION AND EXECUTION OF CRIMINAL DECISIONS
EXECUTION OF ALBANIAN CRIMINAL DECISIONS OUTSIDE THE STATE
Transferring foreign citizens for continuation of serving a sentence rendered in
1. For transferring a foreign citizen convicted by a criminal decision rendered in Albania, the rules of article 520 of the Code of Criminal Procedure are applied.
2. The judicial session is held with the mandatory participation of the prosecutor and the defence attorney. The prosecutor sends the acts to the Ministry of Justice within 10 days from the holding of the session.
3. For the surrender of the convicted person to the sentencing state, the taking of measures begins, implementing to the extent possible the rules for the surrender of an extradited person.
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:
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(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;
(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.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.
2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.
3. Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.