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Consolidated version as of 1 December 2004

LAW No. 7905 dated 21.03.1995

Criminal Procedure Code

of

The Republic of Albania

First Part

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CHAPTER III - THE MEANS OF SEARCHING FOR EVIDENCE

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SECTION III

SEIZURES

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SECTION IV

SURVEILLANCES

Article 221

Restriction on permission

1. Interception of communications of a person or a telephone number, by telephone, fax, computer or other means of any kind, the secret interception by technical means of conversation in private place, the interception by audio and video in private places and the recording of incoming and outgoing telephone numbers, is permitted only where there is a proceeding:

a) for intentionally committed crimes for which is provided a punishment of imprisonment of not less than seven years, in maximum; 

b) for the criminal contravention of insult and threat committed through the means of telecommunications.   

2. Secret photographic, filmed or video surveillance of persons in public places and use of tracking devices of whereabouts are permitted only when there is a proceeding for intentionally committed crimes which a punishment of imprisonment of no less than two years is provided.

3. Interception/Surveillance may be ordered against:

a) a person suspected of committing a criminal offence;

b) a person who is suspected of receiving or transmitting communications from the suspect;

c) a person who takes part in transaction with the suspect;

ç) a person whose surveillance may lead to the discovery of the crime scene or the identity of the suspect.

4. The results of interception/surveillance are valid for all the communicators.

5. Preventive interception/surveillance is governed by a separate law. It results may not be used as evidence.

Article 222

Decision on permitting interception/surveillance

1. The court authorises interception on the request of prosecutor or private prosecutor (injured party), in cases permitted by law on a reasoned decision, when it is indispensable for carrying on the investigations, and when there are sufficient evidence to prove the charge. A special appeal lies against the decision of the court, which refuses the request for interception.

Surveillance in public places, recording of incoming and outgoing telephone numbers and the use of tracking devices for whereabouts are authorised by the prosecutor.

When one of the two persons who will be subjected to surveillance is willing to commit and record the respective action, according to an agreement with the judicial police officer, the action is permitted with the authorisation of the prosecutor.

2. When there are reasonable grounds to think that the delay may seriously damage the investigations, the prosecutor orders the interception by a reasoned decision and informs the court immediately, but not later than twenty-four hours. The judge, within twenty-four hours from the order of the prosecutor, makes the evaluation by a reasoned decision.  When evaluation is not done within the determined time period, interception cannot continue and its results cannot be used.

3. Decision on interception stipulates the way it shall be done and its duration, which cannot exceed fifteen days. This time-limit can be extended by the court on the request of the prosecutor whenever it is necessary for a period of 20 days when proceeding for crimes and up to 40 days when proceeding for serious crimes.

The decision of the court on secret photographic or video surveillance or on the interception/surveillance of conversations in private places (premises) may authorise a judicial police officer or a qualified expert to enter into these places in a secret way, acting in conformity with the decision. This authorisation should be carried out within 15 days. 

4. A prosecutor acts in person or through a judicial police officer in performing an interception/surveillance. 

5. In the book which is maintained by the prosecution office are entered documents ordering, authorising, evaluating or extending interceptions/surveillances, as well as the time of commencing and finishing each interception/surveillance proceeding.

Article 222/a

Appeal against a decision permitting interception/surveillance

1. An appeal may be made against a decision permitting interception/surveillance within ten days by an interested party who has learned of the surveillance for breach of criteria provided under article 221.

2. The appeal is examined by Court of Appeal or General Prosecutor if the authorisation is issued by a prosecutor. When the appeal is found correct, the Court of Appeal or the General Prosecutor cancels the writ that authorises the interception/surveillance and orders the deletion of all materials obtained from interception/surveillance. 

Article 223

Interception Proceedings

1. Interception proceedings may be performed only through equipments installed in designated places, authorised and supervised/controlled by the district prosecutor.

1/1 When one of the conditions of interception/surveillance no longer exist , the judicial police officer immediately notifies the prosecutor who orders the discontinuance of   interception/surveillance and informs the court, when the order is issued by the court.

2. Communications intercepted are recorded and the actions performed are recorded. The records specify the transcription of the contents of communications intercepted.

3. Minutes and (other) records shall be immediately handed over to the prosecutor and within five days from the conclusion of the actions, they are filed with the secretariat alongside writs which have ordered, authorised, evaluated or extended the interception/surveillance. When the filing may damage the investigation, the court authorises the prosecutor to postpone the filing until the conclusion of the preliminary investigations.

4. Defence lawyers and representatives of the parties are immediately informed on the filing with the secretariat and of their right to examine the documents and to listen to the records. The court, after hearing the prosecutor and defence lawyers, decides to remove records and minutes, which use is prohibited.

5. The court orders full transcription of records that must be obtained. Transcriptions are entered into trial file. Defence lawyers may make copies of transcriptions. 

Article 224

Custody of documents

1. Minutes and records are kept under the custody of the prosecution office which ordered the interception until the decision becomes final, except those which use is prohibited. But, when these documents are not necessary, the interested persons may request their destruction. The court that has made the evaluation of interception rules on the request. The destruction of (documents) shall be done under the control of the judge and records of the actions shall be kept. 

2. When the prosecutor decides to dismiss the case, he shall inform in writing the court on this decision. The court decides on destroying the minutes and records within the time designated by it and informs the person intercepted. On the request of the prosecutor, service of notice may not be served when there is a danger to the life or health of others or when a commenced investigation is endangered.

Article 225

Use of interception results in other proceedings

1. Interception results may be used in other proceedings only in cases where they are necessary to the investigation of crimes. In these cases, the minutes and records of interception are filed with the other proceeding authority.

Article 226

Prohibition of use

1. Interception results may not be used when they are made out of cases permitted by law or when the provisions of this section are not complied with.

2. Interception of conversations or communications of those who are obliged to keep the secrecy because of their profession or duty may not be used, except when those persons have testified on the same facts or have revealed them in any other way.

3. The court orders the destruction of interception documents that may not be used, except when they constitute material evidence.

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PART II

TITLE VI - PRELIMINARY INVESTIGATIONS

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CHAPTER IV

EX OFFICIO ACTIVITY OF JUDICIAL POLICE

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Article 294/a

Simulated actions

1. A judicial police officer and agent or a person authorized by them may be assigned to (perform) a simulated purchase of items that derive from a crime or to simulate a corrupt act or to commit other simulated acts in order to uncover financial or ownership information of a person who is suspected of committing a crime, concealing the cooperation with the police or their duty as police personnel.

2. These acts are done with the authorization of the prosecutor who oversees the investigations or the prosecutor who has territorial jurisdictions of the place where the action will take place. After these acts are performed, the judicial police should submit all the evidence collected to the prosecutor and a summary report.

3. A criminal act should not be provoked, by abetting a person to commit a crime, which he would not have committed it if police had not intervened. When provocation is proved the results may not be used.

Article 294/b

Infiltrated Police Personnel

1. For the purposes of uncovering serious crimes, a judicial police officer may, with the authorization of the prosecutor, be infiltrated into composition of a criminal group in order to identify the members of the group and collect information necessary for the investigation, concealing his cooperation with the police or his duty as police personnel.

2. The infiltrated police personnel should not provoke a criminal act that would not have been committed without his intervention. When provocation is proved the results may not be used.

3. The authorization of the prosecutor should specify the time period of the infiltration, which may be extended by the prosecutor for up to six months and the permitted scope of the infiltrated personnel, stipulating, according to the case, the unlawful actions that he may commit, without endangering the life of others.

4. The infiltrated police personnel may be questioned as a witness.

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TITLE VII

THE TRIAL

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CHAPTER III

DECISION

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Section III –The Conviction

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Article 394: The liability of the civilly sued

1. In the decision of punishment the court disposes even of the request for the restitution of the object and the compensation for the damage, as well as of the way of the payment of the obligation.

2. In case liability of the civilly sued is accepted, he is obliged solidarily with the defendant to restitute the object and compensate the damage

Article 395: Assessment of the damage

1. When the obtained evidence make possible the assessment of the damage, the court disposes of the right of compensation of the damage in its entirety and transfers the act to the civil court.

2. Upon request of the civil plaintiff, the defendant and the civilly sued may be obliged to pay an amount approximately equal to the damage which is deemed to be proved. This obligation is executed immediately.

Article 396: The temporary execution of the civil liability

1. Upon the request of the civil plaintiff, when there are lawful reasons, the obligation for the restitution of the object and the compensation for the damage is declared temporary executable.

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Article 399: The announcement of the decision compensating the moral damage

1. Upon the request of the civil plaintiff, the court decides the announcement of the conviction, as a method of reinstating of the moral damage arising out from by the criminal offence.

2. The announcement of the decision is made, fully or summarily, in the newspapers indicated by the court, on the expenses of the defendant or civilly sued.

3. If the announcement is not made in the fixed time period, the civil plaintiff may operate personally having the right to ask for the expenses to be covered by the convicted.

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