Préservation des éléments de preuve

République d'Albanie

Albania - Criminal Procedure Code 1995 (2017) EN

CHAPTER II TYPES OF EVIDENCE
SECTION VII MATERIAL EVIDENCE
Article 189 Preservation of material evidence
1. The Material evidence which due to its perishable nature, if it is not possible to return to their possessors, shall be delivered to certain entities which are obliged to return them in the same state or return their corresponding value.

CHAPTER III TOOLS FOR SEARCHING EVIDENCE
SECTION I EXAMINATIONS
Article 198 Cases and forms of examination
2. Where the criminal offence has left no traces or material effects or when those have been destroyed, lost, altered or moved, the proceeding authority shall describe their state and, where possible, verify the state they were prior to changes and also take measures to ascertain the method, time and causes for the changes which might have possibly occurred.

TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER IV EX OFFICIO ACTIVITIES OF THE JUDICIAL POLICE
Article 294 Preserving sources of evidence
1. The judicial police, even after a report of a criminal offence, shall continue to perform the functions provided for under article 30, gathering and recording every element valid for the reconstruction of the fact and for identifying the perpetrator. In particular, it proceeds:
a) In searching for and recording items and traces of the criminal offence, as well as in preserving them and the crime scene for as long as this is necessary;
b) In searching for and questioning the persons who can indicate the circumstances of the act.
c) In performing the actions provided for in the following articles.
2. After the prosecutor has intervened, the judicial police shall carry out all actions ordered or delegated specifically by the prosecutor and shall carry out by initiative any other necessary investigative action and obtain new sources of evidence.
3. when performing actions which require special technical knowledge, on its own initiative or delegated by the prosecutor, the judicial police may engage experts, who cannot refuse the assigned tasks, without legitimate reasons.

TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER IV EX OFFICIO ACTIVITIES OF THE JUDICIAL POLICE
Article 299/a Accelerated preservation and computer data maintenance
1. The Prosecutor may order the accelerated preservation of certain computer data, including data traffic, in cases where there are sufficient reasons to believe that the data might get lost, damaged or changed.
2. In the case where the computer data are in possession or control of a person, the prosecutor may order such person to preserve and maintain such computer data for a period up to 90 days with the aim of uncovering and extracting them. Such term may be extended only once for founded reasons.
3. The person in charge for the computer data preservation and maintenance is obliged to keep secrecy on the procedures and actions carried out, as per paragraph 2 of this Article until the end of the investigations.

Article 299/b The accelerated preservation and partial uncover of the computer data
1. The person in charge of the accelerated preservation of the data traffic is obliged to take all necessary measures, in order to ensure that the preserved data are valid, regardless of whether one or more service providers have been involved in the transmission of the communication, as well as to provide to the prosecutor or the authorized judicial police officer the uncover of a sufficient amount of data traffic in order to enable the identification of the service provider and the gate throughout which the communication has been transmitted.

Statut de Rome

Article 93 Autres formes de coopération

1. Les États Parties font droit, conformément aux dispositions du présent chapitre et aux procédures prévues par leur législation nationale, aux demandes d'assistance de la Cour liées à une enquête ou à des poursuites et concernant :

j) La protection des victimes et des témoins et la préservation des éléments de preuve ;