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REPUBLIC OF ALBANIA THE ASSEMBLY

LAW Nr. 8749, dated March 1, 2001

On the Internal Control Service in the Ministry of Public Order

In reliance on articles 78 and 83 point 1 of the Constitution, on the proposal of the Council of Ministers,

THE ASSEMBLY OF THE REPUBLIC OF ALBANIA DECIDED:

Article 1

The Internal Control Service is created in the Ministry of Public Order, under the Minister of Public Order.

The structure of this Service is undivided and it is directed by the Director of the service.

.Article 2

The object of the work of this Service is the prevention, discovery and documentation of criminal activity committed by employees of the State Police and other structures of the Ministry of Public Order.

Article 3

The personnel of this service enjoy the attributes of the judicial police.

The services of the judicial police function in this structure according to law nr. 8677 dated November 2,2000 "On the Organization and Functioning of the Judicial Police."

Article 4

The Internal Control Service in the Ministry of Public Order is a separate and independent police structure in implementation of the law.

The preliminary investigative and verifying activity of this Service is performed , while respecting the constitutional guarantees for human rights and freedoms.

Article 5

For fulfilling its duties, the Internal Control Service has the right to collect, process, keep and verify data about criminal activities, when they are committed by an employee of the State Police of the Ministry of Public Order, regardless of their duties and ranks.

Article 6

During the exercise its duties, this Service has the right to perform verifications in all the archives of the Ministry of Public Order and the State Police.

The rule for utilizing them is specified by normative act of the Minister of Public Order .

Police authorities are obligated to cooperate with this Service for the implementation of this law.

Article 7

An employee of the State Police or the Ministry of Public Order, when because of duty they become aware that a criminal act contemplated in article 2 of this law is being prepared, is being committed or has been committed by the subjects of the structures contemplated in article 2 of this law, are obligated to notify the Internal Control Service.

Other police structures verify criminal acts committed by employees of the State Police, making this known to the Internal Control Service.

A police authority is obligated to notify the Internal Control Service immediately when it captures an employee of the police in flagrante.

Article 8

The data received by other information services or various state institutions about the inclusion and criminal activity of an employees of the State Police and other structures of the Ministry ofPublic Order are passed to this Service.

Article 9

An employee of the Internal Control Service in the Ministry of Public Order is selected from full-time employees of the police, taking as the basis his honesty, professionalism and knowledge about legislation, with experience of no less than three consecutive years in the sector of verifications and preliminary investigation. He shall not have been criminally published and for at least three years shall not have received serious punitive, disciplinary or administrative measures in connection with his duty .

The appointment, release, discharge and exclusion from duty is done by the Minister of Public Order on the proposal of the Director of this Service.

Article 10

An employee of the Internal Control Service, after the period designated for working in this service, is sent to another place ofwork or to another sector, in accordance with his professional abilities and with the requirements of law nr. 8553 dated November 25, 1999 "On the State Police."

Article 11

For the realization ofits mission, the Internal Control Service cooperates and exchanges data with the State Information Service and the Information Service of the Armed Forces and with analogous services of other countries, on the basis of specific agreements, with the approval of the Ministry of Public Order.

Article 12

The Internal Control Service exercises its activity in accordance with this law and with the Code of Criminal Procedure.

The Minister of Public Order or a person authorized by him is responsible for overseeing the activity of this Service. To assure the implementation of the law, the General Prosecutor is informed through a prosecutor designated for the Internal Control Service for police cases of a criminal nature.

Article 13

The Internal Control Service is exempted from the obligations that require publication of documentation and data.

Article 14

The documentation of the Public Order Infoffilation Service (SHIR) passes to the disposition of the Internal Control Service.

Article 15

The Minister of Public Order is charged to issue noffilative acts:

a) for the organization and functioning of the Internal Control Service;

b) for the utilization of the archives of the Ministry ofPublic Order and the State Police by this Service.

Article 16

Law nr.7530 dated December 11, 1991 "On the Service of Counterintelligence in the Organs of Public Order," amended by law nr. 7882 dated December 1, 1993, as well as every other provision conflicts with this law is repealed.

Article 17

This law is effective fifteen days after publication in the Official Journal.

SPEAKER SKENDER GJINUSHI

Translation by K. Imholz March 1,2001.