Assurance that the witness will not be prosecuted, detained or subjected to restriction of personal freedom

Albania

Albania - Criminal Procedure Code 2011 EN

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER II- INTERNATIONAL REGATORY LETTERS

SECTION I- REGATORY LETTERS FROM ABROAD

Article 510- Inviolability of the person summoned

1. The person summoned on basis of the letter of application, when appears, may not be subjected to restrictions of personal freedom due to facts occurred before the writ of summons.

2. The un-encrochement provided by paragraph 1 shall cease when the witness, the expert or the defendant, even having the possibility, has not left the territory of the Albanian state, after the expiration of fifteen days from the moment his presence is no longer requested by the judicial authority or when, after has left, he has come back voluntarily.

Albania - Law on Jurisdictional Relations with Foreign Authorities 2009 (2013)

CHAPTER II
LETTERS ROGATORY

Article 19
Untouchability of the person summoned

1. When a person who is requested to be notified of a summons to a proceeding in Albania does not succeed in acting in conformity with the act of summons issued by the requesting state, no mandatory [or] coercive measure or criminal sanction are taken against him.
2. If the local judicial authorities call a witness or expert with a residence or domicile outside the state, during the time of [his] stay in Albania, he will not be subjected to a criminal proceeding for an offence committed before [his] appearance in Albanian territory nor will he be sent to serve a criminal sentence given by a local judicial decision rendered before his appearance.
3. Point 2 of this article is not applicable if the witness or expert, although he has been given the possibility, has not left Albanian territory within 15 days after being notified that his presence is no longer necessary. This time period does not include the period during which the witness or expert could not have left Albanian territory for lawful documented reasons.

Rome Statute

Article 93 Other forms of cooperation

2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.