Coopération de l’Etat

Albanie

Albania - Criminal Code 1995 (2013) EN

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER II- INTERNATIONAL REGATORY LETTERS

SECTION I- REGATORY LETTERS FROM ABROAD

Article 505- Ministry of Justice Powers

2. The Minister does not grant support to the letter of application when it is certain that the requested actions are prohibited expressly by law or contradict the fundamental principles of the Albanian rule of law. The Minister does not grant support to the letter of application when there are motivated reasons to think that the considerations regarding race, religion, sex, nationality, language, political beliefs or the social state may cause a negative influence to the performance of the process, and when it is certain that the defendant has expressed freely his consent for the letter of application.

Albania - Criminal Procedure Code 1995 (2017) EN

TITLE IX EXECUTION OF DECISIONS
CHAPTER II INTERNATIONAL ROGATORY LETTERS
SECTION I ROGATORY LETTERS FROM ABROAD
Article 505 Competencies of the Ministry of Justice
1. The Ministry of Justice decides to proceed with the rogatory letter of a foreign authority concerning communications, notifications and the obtaining of evidence, except when it deems that the requested actions impair the sovereignty, the security and important interests of the state.
2. The Ministry does not proceed with the rogatory letter when it appears clearly that the requested actions are expressly prohibited by law or when they are contrary to the fundamental principles of the Albanian judicial order. The Ministry does not proceed with the rogatory letter when there are founded reasons to believe that the considerations regarding race, religion, sex, nationality, language, political beliefs or the social state may cause a negative influence on the performance of the process.

TITLE IX EXECUTION OF DECISIONS
CHAPTER II INTERNATIONAL ROGATORY LETTERS
SECTION II ROGATORY LETTERS FOR ABROAD
Article 511 Value of the documents obtained by means of rogatory letter
1. When the foreign country has imposed conditions for the use of the requested acts, the Albanian proceeding authority is obliged to respect them, provided they are not contrary to the prohibitions provided by law.

TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION I EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 512 Recognition of foreign criminal decisions
1. The Ministry of Justice, when receiving a criminal decision issued abroad for Albanian or foreign citizens or persons without citizenship, but residing in the Albania or for persons proceeded criminally in the Albania shall send to the prosecutor at the district court of the person’s domicile or residence a copy of the decision and of the relevant documents, along with the translations in Albanian language.
2. The Ministry of Justice requests the recognition of a foreign criminal decision when it deems that pursuant to an international agreement, such decision must be executed or recognised for other effects in the Albania.
3. The prosecutor shall submit a request to the district court for the recognition of the foreign decision. he may request the necessary information from foreign authorities, through the Ministry of Justice.

Albania - Law No. 9205 on the Justice Collaborators and Witness Protection (2004) EN

FINAL PROVISIONS

Article 22

International cooperation

The international cooperation is achieved, in compliance with the right and obligations that derive from international agreements where the Republic of Albania is a member .
The international agreements can foresee the mutual implementation of special protection measures, including the change of residence and the stay of the protected persons in the respective territories of the parties.

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

CHAPTER I
GENERAL PROVISIONS

Article 8
Refusal of the letter request

3. In the case of criminal offences against humanity or other values protected by international law, attempts to commit them, as well as collaboration in their commission, the Ministry of Justice and the local judicial authority may not refuse a letter request with the reason that it constitutes political criminal offences.

Statut de Rome

Article 86 Obligation générale de coopérer

Conformément aux dispositions du présent Statut, les États Parties coopèrent pleinement avec la Cour dans les enquêtes et poursuites qu'elle mène pour les crimes relevant de sa compétence.