TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER V ACTIVITIES OF THE PROSECUTOR
Article 306 Relations between different prosecution offices
1. Prosecution offices proceeding in connected investigations coordinate the work between them. For this purpose, they exchange documents and information and notifications on the instructions provided to the judicial police. They may also proceed jointly in carrying out special actions.
2. investigations of two different prosecution offices are deemed to be connected:
a) in case of joinder of proceedings or in respect of criminal offences committed by more persons against each other;
b) when the evidence of a criminal offence or of any circumstances, impacts the evidence of any other criminal offence or any other circumstance;
c) when the evidence of more criminal offences arises, even in part, from the same source.
TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION I EXTRADITION ABROAD
Article 493 Coercive measures and sequestrations
1. Upon request of the Ministry of Justice, presented through the prosecutor, coercive measures and sequestration of the material evidence and of the items related to the criminal offence for which extradition is requested, may be imposed against the person subject to extradition.
2. The imposing of the coercive measures shall be regulated by the provisions of the title V of this Code, mutatis mutandis, keeping in consideration the requirements to guarantee that the person for whom extradition has been requested shall not escape from transferring.
3. The coercive measures and the sequestration shall be not imposed when there are reasons to believe that the requirements to provide a decision in the favour of extradition do not exist.
4. The coercive measures are revoked when within three months from the start of their execution it has not terminated the proceedings before the court. Upon the request of the prosecutor the time period can be prolonged, but not longer than one month, when necessary to make particularly complex verifications. If an appeal is filed with the Court of Appeal or the High Court, the coercive measure shall be revoked if trial has not been finalized within 3 months from the receipt of acts respectively for each court.
5. The competent court to render a decision pursuant to the above paragraphs, is the district court or, during the proceedings before the court of appeal, the latter one.
6. The court examining the request for imposition of a coercive measure shall also examine the request for extradition. In any case, upon request of the Ministry of Justice, the court shall revoke the precautionary measure it has imposed.
TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION I EXTRADITION ABROAD
Article 494 Temporary execution of coercive measures
1. Upon request of the foreign country, presented by the Minister of Justice through the prosecutor in the competent court, the court may impose temporarily a coercive measure before the request for extradition arrives.
2. The measure may be imposed when:
a) the foreign country has declared that the person has been subjected to a measure restricting his personal freedom or to a sentence by imprisonment and that it is going to present request for extradition;
b) the foreign country has presented detailed information on the criminal offence and sufficient elements for the identification of the person;
c) there exists a risk for him to escape.
3. The competency to impose the measure shall belong, respectively, to the district court in whose territory the person has the domicile, residence or the house or the court of the district where he is. In case the competence cannot be determined in the manners defined above, competent shall be the court of the judicial district of Tirana.
4. The court may also order the sequestration of the material evidence and of the items pertaining to the criminal offence.
5. The Ministry of Justice gives notice to the foreign country of the temporary execution of the coercive measure and of the possible sequestration.
6. The coercive measures are revoked if, within eighteen days after the arrest and anyhow in a maximum of forty days after the arrest, the request for extradition and the documents enclosed do not arrive to the Ministry of Justice.
TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION I EXTRADITION ABROAD
Article 495 Arrest by the judicial police
1. When an international arrest warrant is issued, the judicial police shall carry out the temporary arrest of the person.
2. The authority which has carried out the arrest shall immediately inform the prosecutor and the Minister of Justice. The prosecutor, within forty-eight days, shall make the arrested available to court of the territory where the arrest has taken place, sending also the relevant documents.
3. The court, within forty -eight hours from the submission of the request, shall validate it and impose a coercive precautionary measure, if the relevant requirements are met, or shall order the release of the arrested person. When the arrested person is an Albanian citizen and there is no bilateral agreement on extradition of citizens with the State where the arrest warrant was issued, the court shall order his immediate release. The decision issued by the court shall be notified to the Minister of Justice.
4. The arrest shall be revoked in case the Ministry of Justice does not request, within ten days from the approval, its continuance.
5. The copy of the decision issued by the court regarding the coercive measures and sequestrations, pursuant to these articles, shall be notified to the prosecutor, interested person and his defence lawyers, who may file an appeal to the court of appeal.
TITLE IX EXECUTION OF DECISIONS
CHAPTER II INTERNATIONAL ROGATORY LETTERS
SECTION I ROGATORY LETTERS FROM ABROAD
Article 506 Judicial Proceedings
1. The foreign rogatory letter cannot be executed before a favourable decision has been issued by the court of the place where the person must be subject to proceedings.
2. The district prosecutor, after obtaining the acts from the Ministry of Justice, submits a request to the court, within five days of the submission of acts by the Ministry of Justice.
3. The court rules on the execution of the rogatory letter by decision, within 10 days from the submission of the request.
4. The execution of the rogatory letter shall not accepted:
a) in the cases when the Ministry of Justice does not proceed with the rogatory letter, pursuant to the provisions of international acts in which the Republic of Albania is a party and relevant reservations and legal declarations [made by it].
b) when the fact for which the foreign authority proceeds is not provided as a criminal offence by the Albanian law.
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 515 Coercive measures
1. Upon request of the prosecutor, the court that is competent for the recognition of a foreign decision may impose a coercive measure to the convicted person who is in the Albanian territory. When imposing coercive measures, the provisions of title V of this Code shall apply, to the extent applicable.
2. The court, within three days from the execution of the coercive measure, takes measures for the identification of the person and notifies him immediately about the right to have a defence lawyer.
3. The coercive measure imposed under this article shall be revoked when from the start of its execution three months have passed without a decision of recognition is issued by the district court or six months without such decision has become final. If an appeal is filed with the Court of Appeal or the High Court, the coercive measure shall be revoked if trial has not been finalized within 3 months from the receipt of acts respectively from each court.
4. Revocation and replacement of the coercive measure is decided by the district court.
5. copy of the decision issued by the court is notified, after the execution, to the prosecutor, the person convicted by a foreign court and to his defence lawyer, who may file an appeal to the court of appeal.
CHAPTER II
RESPONSIBLE BODIES FOR WITNESS PROTECTION AND COLLABORATORS OF JUSTICE
Article 5
The area of activity of the Directorate of Justice Collaborators and Witness Protection
The Directorate for Justice Collaborators and Witness Protection exercises the following competencies:
a)prepares for review by the Commission of Evaluation of Special Measures of the Witness Protection and Justice Collaborators, proposals sent by the prosecutor for taking special measures of protection;
b)upon the request of the Prosecutor or the Commission of Evaluation of Special Measures of the Witness Protection and Justice Collaborators, and after performing the necessary verifications, presents additional information related to the technical aspects of the proposal for implementing the special measures of protection;
c)decides the application of temporary measures of protection until the final decision is taken by the Commission of Evaluation of Special Measures of the Witness Protection and Justice Collaborators in the cases and manner provided in this law;
ç) prepares and signs the agreements on the special measures of protection with the protected persons in accordance to this law;
d)follows up the implementation of the special measures of protection, approved by the Commission of Evaluation of Special Measures of the Witness Protection and Justice Collaborators;
dh) administers the database related to the activity of the Directorate and the progressing of the special measures of protection, and takes measures to safeguard and administer them in compliance with the appropriate level of the classification of the information, in accordance to the provisions in force;
e)administers the assets and funds in the disposal of the Directorate for the exercising of its activity and implementation of the special measures of protection;
ë) proposes and takes measures for coordinating the work with other institutions for the development of activities and implementation of the special measures of witness protection and justice collaborators;
f) manages the issues of collaboration with international bodies or other states, in the area of witness protection and justice collaborators;
g) prepares periodical reports on its activities, and makes proposals for the improvement of the legislation and activities of the institutions, for the implementation of special measures of witness protection and justice collaborators.
2. The Directorate of Witness Protection and Justice Collaborators, after receiving the approval in principle of the Commission of Evaluation of Special Measures of Witness Protection and Justice Collaborators, prepares the rules of a technical and operative character, for the conditions, methodologies and procedures of verification, preparation and implementation of ordinary and special measures of protection, for the manners, forms and means of communication, as well as for the administration of acts and information related to its activity .
CHAPTER II
RESPONSIBLE BODIES FOR WITNESS PROTECTION AND COLLABORATORS OF JUSTICE
Article 7
The meetings of the Commission
1. The Commission of Evaluation of Special Measures of Witness Protection and Justice Collaborators is convened by its chairman, or in case of absence, by the deputy, within 5 days from the submission of the proposal of the prosecutor for implementing the special measures of protection, as well as when it is requested by the General Prosecutor. In particular and emergency cases, the Commission is convened immediately.
2. The meetings of the Commission are valid when 3 members are present. The decisions of the commission are valid when they are approved by three members present in the meeting.
3. The Commission should take decisions not later than 10 days from the first meeting, and in any case, not later than 30 days since the submission of the relevant documents and the prosecutor's proposal.
4. All acts and information on the activities of the commission are considered as classified information.
5. The detailed rules related to the functioning and procedures of the work of the Commission, as well as the rights, obligations and treatment of its members, are to be provided in common instructions of the General Prosecutor, Minister of Public Order, Minister of Justice and Minister of Finance .
Article 11
Responsibilities for implementing the special protection measures
1. The Directorate of Witness Protection and Collaborators of Justice is responsible for the preparation, coordination and pursuance of the implementation of the special protection measures.
2. Ministries and other central institutions, based on the responsibilities and tasks provided by law, organize the work and are responsible for pursuing and implementing common and special protection measures for the protected people.
3. The bodies, mentioned in point 2 of this article, coordinate their work with the Directorate of Witness Protection and Collaborators of Justice, reply to the requests of this Directorate and those to the prosecutors, as well as inform on issues and circumstances that have to do with the preparation of proposals, implementation of special protection measures and relevant agreements made for this reason with the protected persons.
4. The detailed rules related to the tasks, responsibilities, forms, coordinating and informing procedures between the institutions, are to be defined by joint instructions of the Minister of Public Order, Minister of Justice and General Prosecutor.
CHAPTER III
EXTRADITION
SECTION I
EXTRADITION FROM THE REPUBLIC OF ALBANIA
Article 31
Applicable law
The surrender of a person under investigation, a defendant or a convicted person toward a foreign state is done according to this law, the rules of Albanian legislation and international agreements to which the Republic of Albania is a party.
Les États Parties veillent à prévoir dans leur législation nationale les procédures qui permettent la réalisation de toutes les formes de coopération visées dans le présent chapitre.
1. La Cour peut présenter à tout État sur le territoire duquel une personne est susceptible de se trouver une demande, accompagnée des pièces justificatives indiquées à l'article 91, tendant à ce que cette personne soit arrêtée et lui soit remise, et sollicite la coopération de cet État pour l'arrestation et la remise de la personne. Les États Parties répondent à toute demande d'arrestation et de remise conformément aux dispositions du présent chapitre et aux procédures prévues par leur législation nationale.
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 :
a) L'identification d'une personne, le lieu où elle se trouve ou la localisation de biens ;
b) Le rassemblement d'éléments de preuve, y compris les dépositions faites sous serment, et la production d'éléments de preuve, y compris les expertises et les rapports dont la Cour a besoin ;
c) L'interrogatoire des personnes faisant l'objet d'une enquête ou de poursuites ;
d) La signification de documents, y compris les pièces de procédure ;
e) Les mesures propres à faciliter la comparution volontaire devant la Cour de personnes déposant comme témoins ou experts ;
f) Le transfèrement temporaire de personnes en vertu du paragraphe 7 ;
g) L'examen de localités ou de sites, notamment l'exhumation et l'examen de cadavres enterrés dans des fosses communes ;
h) L'exécution de perquisitions et de saisies ;
i) La transmission de dossiers et de documents, y compris les dossiers et les documents officiels ;
j) La protection des victimes et des témoins et la préservation des éléments de preuve ;
k) L'identification, la localisation, le gel ou la saisie du produit des crimes, des biens, des avoirs et des instruments qui sont liés aux crimes, aux fins de leur confiscation éventuelle, sans préjudice des droits des tiers de bonne foi ; et
l) Toute autre forme d'assistance non interdite par la législation de l'État requis propre à faciliter l'enquête et les poursuites relatives aux crimes relevant de la compétence de la Cour.
1. L'État requis donne suite aux demandes d'assistance conformément à la procédure prévue par sa législation et, à moins que cette législation ne l'interdise, de la manière précisée dans la demande, y compris en appliquant toute procédure indiquée dans celle-ci ou en autorisant les personnes qu'elle précise à être présentes et à participer à l'exécution de la demande.