Untitled Document

Courtesy Translation of ABA/CEELI with subsequent editions and changes done by DoJ/CEELI

As of June 29, 1999

CRIMINAL PROCEDURE CODE

THE REPUBLIC OF ALBANIA

GENERAL PROVISIONS

Article 1

Role of criminal procedural legislation

1. The main role of criminal procedural legislation is to provide a fair, equal and due legal process, to protect the individuals' freedoms, the rights and the legal interests of the citizens, to contribute to the strengthening of the rule of law and to the application of the Constitution and laws ruling the country.

“Article 1/a

Basis of criminal legislation

The Criminal Code is based on the Constitution of the Republic of Albania, general principles of international criminal law, and international treaties ratified by the Albanian state.

The criminal legislation is composed of this Code and other laws that provide criminal offences.

Article 1/b

Duties of the criminal legislation

The criminal legislation of the Republic of Albania protects the independence of the state, and all its territory, dignity of man, his rights and freedoms, constitutional order, property, environment, coexistence and understanding of Albanians with national minorities, and religious coexistence from criminal offenses and their prevention. [sic]

Article 1/c

Principles of the Criminal Code

The Criminal Code is based on the constitutional principles of rule of law, equality before the law, and justice in determining culpability and punishment, as well as principles of humanity.

The implementation of criminal law by analogy is not allowed.”

Article 2

Respectability of procedural provisions

1. The procedural provisions define the rules of the carrying on of criminal proceedings, investigations and the trying of criminal offences as well as the execution of the criminal sentences. These rules shall be compulsory for the subjects of the criminal proceedings, state authorities and citizens.

Article 3

Independence of the court

1. The court is independent and renders decisions in conformity to the law.

2. The court renders decisions upon evidence examined and revealed in the hearing.

Article 4

Presumption of innocence

1. The defendant shall be presumed innocent unless his guilt is proven by a final court sentence. Any uncertainty related to the accusation shall be considered in the favor of the defendant.

Article 5

Restrictions to an individual's liberty

1. The liberty of an individual may be restricted by means of precautionary measures only in cases and forms provided by law.

2. No one may be subjected to torture, punishment or cruel treatment.

3. A person sentenced to imprisonment shall be provided human treatment and moral rehabilitation.

Article 6

Provision of defence

1. A defendant is entitled to self-defense or to defense by a defense lawyer. In case of insufficient means, he shall be provided free legal aid.

2. A defence lawyer shall assist the defendant to have all procedural rights guaranteed and his legitimate interests protected.

Article 7

Prohibition of re-trying the same offence

1. No one may be tried again for the same criminal offence for which he has been tried by a final sentence, except when the competent court has decided the re-trial of the case.

Article 8

Use of Albanian language

1. In all stages of the proceedings the Albanian language shall be used.

2. Persons who do not know Albanian shall use their mother tongue and, by assistance of an interpreter, enjoy the right to speak and to be informed of the evidence and acts and of the conduct of the proceedings.

Article 9

Reinstatement of the rights

1. Individuals who are proceeded against the law or who are convicted unfairly shall have their rights reinstated and shall be compensated for the injury undergone.

Article 10

Application of international conventions

1. The relations with foreign authorities in criminal matters shall be governed by international conventions recognised by the Albanian government, by generally admitted principles and standards of international public law and also by the provisions of this code.

FIRST PART

TITLE I

SUBJECTS

CHAPTER I

THE COURT

SECTION I

COMPETENCY AND COMPOSITION OF THE COURTS

Article 11

Competency of the court

1. The court is the organ which provides justice.

2. No one may be found guilty and be convicted for the commission of a criminal offence without a court sentence.

Article 12

Criminal Courts

The criminal justice is provided by:

a) the first instance criminal courts;

b) the courts of appeal;

c) the High Court

Article 13

First instance criminal courts and their composition

1. Criminal offences are tried, in the first instance, by the district and military courts, in panel, in conformity to the rules provided by this code.

2. The district and the military courts try in panel consisting of three judges, when crimes are involved and, by a judge and two assistant judges when criminal contravention are involved.

The trial for juveniles is held by judges who are qualified for these trials and who has been especially and additionally assigned this task.

Article 14

The courts of appeal and their composition

1. The civil court of appeal tries, in second instance, by three judges, the cases tried by the district courts.

2. The military court of appeal tries, in the second instance, by three judges, the cases tried by the military courts.

SECTION II

INCOMPATIBILITY WITH THE FUNCTION OF A JUDGE IN TRIAL

Article 15

Incompatibility due to participation in the proceedings

1. The judge who has rendered or has participated to the rendering of the decision in one of the instances of the proceedings may not exercise the functions of a judge in other ones and may not participate in a retrial in case of annulment of the decision.

2. It may not participate to a trial the judge who has assessed the precautionary measures or any other request of the prosecutor presented during the preliminary investigation of the same proceedings.

3. The one who has exercised the functions of the prosecutor or has conducted operations of the judicial police or has been a defence lawyer, an attorney of one of the parties or a witness, expert or has presented an information, complaint, request for proceedings or has rendered or participated to the rendering of the decision authorising the initiation of an action may not exercise the function of a judge in the same proceedings.

Article 16

Incompatibility due to family, blood or in-law relation

1. There may not participate as judges in the same proceedings the persons who, amongst them or with the participants in the trial, are spouses, close blood relatives (antecedents, descendants, sisters, brothers, uncles, aunts, nephews, nieces, children of sisters and brothers) or close affinity (mother- in- law, father-in-law, son- in-law, daughter -in-law, sister-in-law, brother-in-law, godfather, godmother, stepmother, stepfather)

Article 17

Resignation

1. A judge has to resign from a concrete case:

a) when he has an interest in the proceedings or when one of the private parties or a defense lawyer is a debtor or creditor of his, of his spouse or of his children;

b) when he is a tutor, an attorney or an employer of the defendant or of one of the private parties or when the defence lawyer or the attorney of one of these parties is a close relative of his or of his spouse;

c) when he has provided any advise or has expressed any opinion about the proceedings in question;

d) when disputes between him, his spouse or any of his close relatives with the defendant or one of the private parties exist;

e) when any of his own or his spouse's relatives has been impaired or injured from the criminal offence;

f) when any of his relatives or of his spouse is exercising or has exercised the functions of the prosecutor in a proceedings;

g) when he is under one of the conditions of incompatibility provided by articles 15 and 16 and

i) when other important reasons of partiality exist.

2. The statement of resignation shall be submitted to the president of the respective court.

Article 18

Challenge of the judge

1. The parties may ask the challenge of the judge:

a) in cases provided by article 15, 16 and 17;

b) when during the exercise of the functions and before the decision is rendered he has given his opinion about the facts or circumstances subject to proceedings.

2. The judge may not render or participate in the rendering of a decision until declaring the challenging request as unacceptable or rejecting it has been rendered.

Article 19

Time-limits and forms of challenge

1. The request challenging the judge is presented in the audience immediately after the legitimisation of the parties.

2. In case the cause for challenge comes about or is observed while the legitimisation of the parties has expired, the request must be presented within three days from the observation. In case the cause has come about or has been observed during the audience, the request of challenge must be presented before the closure of the hearing.

3. The request comprises the causes and the evidence and it is submitted in writing. It is presented to the secretary of the competent court along with the other documents. A copy of the request is handed to the judge subject to challenge.

4. If the parties do not submit the request personally, then it may be submitted by the defence lawyer or an authorised attorney. The power of attorney must explain the reasons of the challenge, otherwise it shall not be accepted.

Article 20

Competition between resignation and challenge

1. Request for challenge is deemed null and void in case the judge even after its submission announces his renouncement and this is approved.

Article 21

Competency to decide on the challenge

1. The request for the challenge of the judge of district court, military court or court for serious crimes is under discretion of the court of appeal; the one for a judge of the court of appeal is under discretion of a college of the same court, provided that the judge under challenge is not a member of this one. The decision may be appealed.

2. The request for challenge of a judge of the High Court is under discretion of a college of this court, provided that the judge under challenge is not a member of this one. The decision is final.

3. The request for challenge of judges appointed to decide upon challenge shall be not accepted.

Article 22

Decision regarding request for challenge

1. In case the request for challenge is submitted by someone who was not entitled to this right or without respecting the time-limits or forms provided by Article 19 or when the causes are not grounded on the law, the court that examines the request is entitled to not accept it by rendering a decision.

2. The court may suspend temporarily any procedural conduct or impose restrictions in urgent operations.

3. After collecting the necessary data the court decides upon request for challenge.

4. The decision rendered under the paragraphs hereto shall be notified to the judge under request for challenge, to the prosecutor, to the defendant and to the private parties. The decision may be appealed to the High Court.

Article 23

Provisions when the statement of resignation and the request for challenge are accepted

1. In case the resignation and the request for challenge are accepted the said judge may not complete any proceeding operations.

2. The act accepting the statement of resignation or the request for challenge shall consider whether the operations previously performed by the judge subject to resignation or challenge are valid and at what an extent the validity stands.

3. The provisions regarding resignation and challenge of the judge shall also apply to the secretary of audience and to the persons appointed to make transcriptions or phonographic or audio-visual reproduction. Their resignation or challenge is under discretion of the court trying the case.

CHAPTER II

PROSECUTOR

Article 24

Functions of the prosecutor

1. The prosecutor conducts the criminal prosecution, carries on investigations, controls the preliminary investigations, brings accusation before the courts and takes measures for the execution of decisions in conformity with the rules provided by this Code.

2. The prosecutor has the discretion to decide whether to not initiate or dismiss the criminal actions in cases provided by this code.

3. In case no lawsuit or authorisation to proceed is required, the criminal prosecution can be exercised ex-ufficio.

4. The orders and instructions of a superior prosecutor are compulsory for the inferior prosecutor.

Article 25

Exercise of the functions of prosecutor

1. The function of the prosecutor shall be exercised:

a) during the preliminary investigations and during the trials of the first instance- by the prosecutors in the first instance courts;

b) during the trials of appealed cases- by the prosecutors in the courts of appeal and in the High Court.

2. The superior Prosecutor is entitled to exercise the competency of the inferior prosecutor.

3. Prosecutor is independent in exercising his functions in the hearing.

Article 26

Resignation of the prosecutor

1. The prosecutor must resign when there are reasons of partiality as provided by Article 17.

2. The statement of resignation is subject to decision of the chief prosecutor in the first instance court, of the chief prosecutor in the court of appeal and the Attorney General, as per rank order. For the chief prosecutors the decision is rendered by the superior chief prosecutors.

3. The decision accepting the statement of resignation shall provide the replacement of the resigned prosecutor by another prosecutor.

Article 27

Cases of replacement of the prosecutor

1. The chief prosecutor shall decide the replacement of the prosecutor when there are serious reasons related to the function and also in cases provided by Article 17, Paragraph 1, Letters "a, b, ç and e". In other cases the prosecutor shall be substituted only with his consent.

2. In case the chief of the prosecution office does not decide even though there are cases provided by Paragraph 1, the substitute prosecutor is ordered by the Attorney General.

3. The rules provided for the renouncement and the substitution of the prosecutor shall also apply to the officer of the judicial police.

Article 28

The transfer of acts to another prosecution office

1. When during the preliminary investigations the prosecutor considers that the criminal offence is under the competence of a court different from that in which he exercises his functions, he shall immediately transfer the acts to the prosecution office in the competent court.

2. In case the prosecutor considers that the prosecution office to proceed is the one which has transferred the acts, he shall inform the Attorney General who, after examining the acts, shall determine which prosecution office must proceed and shall notify the concerned prosecution offices.

3. Investigation made before the transfer or the determination made in accordance with the paragraph 1 and 2 shall be valid and may be used in cases and forms provided by law.

Article 29

The requesting of the acts from another prosecution office

1. When a prosecutor is informed that in another prosecution office preliminary investigations are simultaneously being performed against the same charged person and for the same fact, related with the one he is proceeding for, he shall immediately inform that prosecution office, requesting the delivery of the acts.

2. If the prosecutor who has received the request does not agree with it, he shall inform the Attorney General who, after having received the necessary data shall decide, in conformity to the rules applicable to court competency, which of the prosecution offices must proceed and notifies the interested prosecution offices. The assigned prosecution office shall be immediately sent the acts from the other prosecution office.

3. The acts of the preliminary investigations, carried on by various prosecution offices shall be used in cases and forms provided by law.

CHAPTER III

JUDICIAL POLICE

Article 30

Functions of the judicial police

1. The judicial police, even ex- officio, must become aware of the criminal offences, in order to prevent ulterior consequences, to search for their authors, to carry on investigations and to collect everything which contributes to the application of the criminal law.

2. The judicial police carries on any investigation operations which are assigned or delegated by the prosecutor.

3. The functions provided by paragraphs 1 and 2 are carried on by the officers and the agents of the judicial police.

Article 31

Services and sections of the judicial police

1. The functions of the judicial police shall be carried on:

a. By the officers and the agents of the judicial police pertaining to the organs entitled by the law to carry on investigations from the moment they are informed a criminal offence has been committed;

b. By the sections of the judicial police set up in any district prosecution office and consisting of a personnel of the judicial police;

c. By the services of the judicial police provided by law.

Article 32

Officers and agents of the judicial police

1. There are officers of the judicial police:

a. The chiefs, inspectors and other members of the Police of the Ministry of Interior, who are recognised this capacity by the law;

b. The officers of the Military Police, Financial Police, Forestal Police and any other police forces recognised by law who are recognised such a capacity by the law

2. There are agents of the judicial police:

a. The personnel of the Police of the Ministry of Interior, who are recognised such a capacity by the law;

b. The personnel of the Military Police, Financial Police and of any other police recognised by law, when on duty.

3. There are also officers and agents of the judicial police, within the competencies of the service they have been given and in accordance with the respective attributes, the persons who are recognised by law the functions provided by Article 30.

Article 33

Subordination of the judicial police

1. The sections of the judicial police are subordinated by the chiefs of the district prosecution offices.

2. The officer of the judicial police is responsible before the district prosecutor for the activity carried on by himself or his subordinates.

3. The officers and the agents of the judicial police are obliged to carry on the tasks. The members of the sections may not be removed from the activity of the judicial police without the approval of the Attorney General.

4. The personnel of the sections are available to the courts and the prosecution offices which may use also any services of the judicial police.

CHAPTER IV

THE DEFENDANT

Article 34

Becoming a defendant

1. A defendant shall become the person who has been charged a criminal offence by the act of notification of accusation, which must give sufficient evidence to be held as a defendant. This act must be notified to the defendant and to his defence lawyer.

2. The status of the defendant shall be retained at any stage and instant of the proceedings until the decision of the cessation, acquittal or punishment becomes final.

3. The status of the defendant shall be renewed when the decision of the cessation is rendered null and void or when a retrial shall be decided.

Article 35

Assistance provided to the juvenile defendant

1. The juvenile defendant shall be provided legal and psychological assistance at any stage and instance of the proceedings by the presents of the parents or other persons requested by a juvenile and accepted by the proceeding authority.

2. The proceeding authority may carry on actions and compile acts for which is required the participation of the juvenile without the presence of the persons indicated in the paragraph 1 only when this is in the interest of the juvenile or when the delay may impair seriously the proceedings, but always in the presence of the defence lawyer.

Article 36

Prohibition to use the statements of the defendant as testimony

1. The statements made by the defendant during the proceedings may not be used as testimony.

Article 37

Self-incriminating statements

1. When a person not being held as defendant, before the proceeding authorities, makes selfincriminating statements, then the proceeding authority interrupts the interrogation forewarning him that after these statements there may be initiated investigation against him and invites him to appoint a defence lawyer. The previous statements may not be used against the person who has made them.

Article 38

General rules applying to interrogation

1. Even when isolated by precautionary measures or when deprived from liberty for any other cause, the defendant shall be interrogated in a free state, except when necessary to take measures to prevent the escape or violation.

2. It may not be used, even with the consent of the person under interrogation, methods or technics to influence upon the free willingness or to modify the capacity of the memory related to the evaluation of the facts.

3. Before the interrogation starts the defendant is explained his right to silence and that even if he fails to speak, the proceedings shall continue the same.

Article 39

The interrogation on merits

1. The proceeding authority explains to the defendant, clearly and in detail, the fact which has been attributed, makes him familiar with the evidence against him and, when the investigations are not impaired, indicates their sources.

2. The proceeding authority invites him to explain everything helpful for his defence and interrogates him face to face.

3. When the defendant refuses to respond, this shall be noted in the minutes. In the minutes shall be also noted, when necessary, the physical features and eventual specific marks of defendants.

Article 40

Revelation of personal identity of the defendant

1. As the defendant appears, the proceeding authority invites him to state the personal data and anything else which may be useful to his identification, forewarning him for the consequences to the one who refuses to give his personal data or gives false ones, except when this statement implies self culpability.

2. Failure to attribute the defendant his real personal data shall not hinder the carrying on of actions from the proceeding authority, when the physical identity of the person is certain.

3. Wrong personal data attributed to the defendant are corrected by decision of the proceeding authority.

Article 41

Verification of the age of the defendant

1. In any stage and instance of the proceedings, when there are reasons to believe that the defendant is a juvenile, the proceeding authority makes the necessary verifications and, if necessary, orders the expertise.

2. When even after the verification and the expertise there are still doubts regarding the age of the defendant it is presumed that he is a juvenile.

Article 42

Verifications on the personality of the defendant juvenile

1. The proceeding authority collects information on the personal, familiar and social life conditions of the defendant juvenile intending to reveal the responsibility and its extent to evaluate the social importance of the fact and also to impose suitable criminal measures.

2. The proceeding authority collects information from persons who have had relations with the juvenile and hears the opinion of the experts.

Article 43

Verifications on the responsibility of the defendant

1. When there are reasons to believe that due to mental sickness caused after the occurrence the defendant is not able to participate consciously in the proceedings, the court shall order, even ex-officio, the expertise.

2. During the expertise is continuing, the court, upon request of the defence lawyer, assumes the evidence which may lead to the innocence of the defendant and, when the delay brings danger, any other evidence requested by the parties.

3. When the necessity of the definition of the responsibility arises during the preliminary investigations the expertise is ordered by the prosecutor, ex-ufficio or upon request of the defendant or his defence lawyer. Meanwhile, the prosecutor carries on only the actions, which do not require the conscious participation of the defendant. When the delay brings danger, there may be assumed evidence only in cases provided for the incident of the proof.

Article 44

The suspension of the proceedings due to irresponsibility of the defendant

1. When it results that the mental conditions of the defendant hinders his conscious participation in the proceedings, the proceeding organ decides the suspension of the proceedings, but still when it must not be decided the acquittal or cessation. By the decision of the suspension the proceeding authority appoints a special tutor to the defendant, who are given the rights of a legal attorney.

2. The decision of the suspension is subject to appeal in the Court of Cassation from by the prosecutor the defendant or his defence lawyer.

3. The suspension does not hinder the proceeding authority to acquire evidence which may lead to the acquittal of the defendant and, when the delay brings danger, any other evidence requested by the parties. In the actions which must be carried on about the personality of the defendant and also in those that the defendant is entitled to be present his special tutor shall participate.

Article 45

Revocation of the decision of suspension

1. The decision of suspension is revoked when it results that the mental condition of the defendant allows his conscious participation in the proceedings or when the defendant must be found innocent or the case must be ceased.

Article 46

Compulsory medical measures

1. In any case that the mental condition of the defendant indicates that he must treated, the court decides, even ex-officio, the hospitalisation of the defendant in a psychiatric institution.

2. When it is decided or it must be decided the compulsory medical measure for the defendant, the court orders that the defendant is preserved in the psychiatric institution.

3. During the preliminary investigation the prosecutor asks from the court to decide the hospitalisation of the defendant in a psychiatric institution and, when the delay brings danger, orders the temporary hospitalisation until the court renders the decision.

Article 47

The death of the defendant

1. When it results the death of the defendant the proceeding authority in any stage and instance of the proceeding, after hearing the defence lawyer decides the cessation of the case.

2. The decision does not hinder the exercise of the prosecution for the same fact and against the same person when after it is proven that he has not died.

CHAPTER V

THE DEFENCE LAWYER OF THE DEFENDANT

Article 48

The defence lawyer chosen by the defendant

1. The defendant has the right to chose not more than two defence lawyers.

2. The selection is made by a statement before the proceeding authority or by an act delivered to the defence lawyer or mailed to him by registered letter.

3. The selection of the defence lawyer for the detained, arrested or imprisoned person, unless he has made the selection, may be provided by a relative in forms provided by paragraph 2.

Article 49

The appointed defence lawyer

1. The defendant who has not selected a defence lawyer or who has remained without him shall be assisted by a defence lawyer appointed by the proceeding organ if he requires him.

2. When the defendant is under eighteen years old or with psychic or physical defects unabling him to use self-defence, the assistance of a defence lawyer is compulsory.

3. The board of the bar chamber shall make available to the proceeding authorities the lists of the lawyers and sets up the criteria of their appointment.

4. The court, the prosecutor and the judicial police when must carry on operations requiring the assistance of the defence lawyer or the defendant has not got any, shall notify the appointed defence lawyer the operations in question.

5. When the presence of the defence lawyer is required and the selected or appointed defence lawyer has not been provided, has not been presented or has abandoned the defence the court or the prosecutor appoints another lawyer as substitute, who shall exercise the rights and shall assume the obligations of the defence lawyer.

6. The appointed defence lawyer may be substituted only for lawful reasons. He shall loose the functions when the defendant shall select his defence lawyer.

7. When the defendant does not have sufficient income the expenses for the defence shall be covered by the state.

Article 50

Extension of the rights of the defendant to the defence lawyer.

1. The defence lawyer has the rights the law recognises the defendant, except those reserved personally to this latter.

2. The defence lawyer has the right to freely and face to face communicate with the detained, arrested or the punished, to be notified beforehand for the carring on of the investigations where the defendant is present and to participate in them, to ask questions to the defendant, witnesses and experts, to get familiar with all the materials of the case on termination of the investigations.

3. The defendant may render null and void, by expressed statement, the action carried on by the defence lawyer before a decision is rendered by the court in relation to this action.

Article 51

Substitution of the defence lawyer

1. The defence lawyer, in case of hindrance and as long as it exists, with the consent of the defendant, may appoint a substitute.

2. The substitute shall exercise the rights and shall assume the obligations of the defence lawyer.

Article 52

The guarantees of the defence lawyer

1. The inspection and searches in the office of the defence lawyer are permitted only:

a) when he or other persons who continuously work in the same office are defendant and only with intention to prove the criminal offence attributed to them;

b) to search the traces or the material proofs of the criminal offence or to search for belongings or persons provided by specific rules.

2. Before inspecting, searching or sequestring in the office of the defence lawyer the proceeding authorities inform the board of bar chamber in order that one of his members is able to be present during the operations.

In any case a copy of the act is send to the board of the bar chamber.

3. The searches, inspections and sequestration in the office of the defence lawyers are made personally by the judge, whereas during the preliminary investigations they are made by the prosecutor provided with an authorising decision of the judge.

4. There is not permitted the interception of the conversations or communication of the defence lawyers and their assistants neither between each other nor with their clients.

5. It is prohibited any form of control of the correspondence between the defendant and his defence lawyer.

6. The results of the searches, inspections, sequestration, interceptions of conversation or communication made in violation of the above provisions, except as provided by paragraph 2, shall not be used.

Article 53

Conversation of the defence lawyer with the detained defendant

1. The person arrested in the commission or the detained has the right to consult his defence lawyer immediately after the arrest or the detention.

2. The detained defendant has the right to consult his defence lawyer since the moment of the execution of the precautionary measure.

Article 54

The defence of several defendants by a defence lawyer

1. The defence of several defendants may be undertaken by a common defence lawyer provided that amongst the defendant there are no conflicts of interests.

2. The proceeding authority when ascertains conflict of interest of the defendants states it by means of a decision and makes the necessary substitution.

Article 55

Refusal, renouncement or revocation of the defence lawyer

1. The defence lawyer who does not accept the task he has been trusted or renounces, notifies immediately the proceeding authority and the one who has appointed.

2. Refusal is effective from the moment when it is communicated to the proceeding authority.

3. The renouncement does not have effect until the party is assisted with a reliant new lawyer or with a lawyer appointed ex-ufficio and until the time limit which might have been fixed to the substitute lawyer to get familiar with the acts and the evidence has expired.

4. The provision of the paragraph 3 shall also apply to the revocation.

5. The renouncement of the attorney of the plaintiff and the civilly sued person shall not in any case hinder the continuation of the proceedings.

Article 56

The responsibility in case of abandonment or refusal of the defence

1. The proceeding authority informs the board of the bar chamber the cases of abandonment, refusal of the defence and the violation of the reliance.

2. The board of the bar chamber has the right to impose disciplinary measures in case of abandonment or refusal of the defence appointed ex-ufficio.

3. When the board considers the abandonment or the refusal justified because of violations of the rights of the defence, the disciplinary measure shall not be imposed even if the violation of the defence is not recognized by the court.

Article 57

The time-limit provided to the substitute defence lawyer

1. In cases of renouncement, revocation and conflict of interests of the defendants, the new lawyer of the defendant or the one appointed as substitute shall be provided an adequate time to get familiar with the acts and evidence.

CHAPTER VI

THE INJURED, PLAINTIFF AND CIVILLY SUED

Article 58

The rights of the person injured by the criminal offence

1. The person injured by the criminal offences or his successors have the right to ask the prosecution of the guilty and the compensation of the damage.

2. The injured person who does not have legal capacity shall exercise the rights recognised by law through his legal attorney.

Article 59

The injured accuser

1. The one who is injured by criminal offences provided by articles 90, 91, 92, 112/1, 119, 120, 121, 122, 125, 127, 148, 149 and 254 of the Criminal Code has the right to submit a request to the court and to participate in the trial as a party to prove the accusation and to ask for the compensation of the damage.

2. The prosecutor participates in the trial of these cases and, accordingly, demands the punishment of the defendant or his innocence.

Article 60

The request of the injured accuser

1. The request for trial made by the injured accuser shall be deposited in the secretary of the court and must comprise, by consequence of objection:

a) the personal data of the injured accused

b) the personal data of the accused person

c) the name and the family name of the attorney and the power of attorney

d) exposition of the reasons that motivate the request

e) The signing by the injured accuser or his attorney

2. The request must be notified to the person who is attributed the criminal offence.

Article 61

The lawsuit in the criminal proceedings

1. The one who has undergone material damage by the criminal offence or his successors may bring a civil lawsuit in the criminal proceedings against the defendant of the civilly sued to ask for the restitution of the property and the compensation of the damage.

Article 62

The time-limit for the constituency of the civil plaintiff

1. The constituency of the civil plaintiff may be made by the proceeding authority until the judicial examination has not started.

2. The time-limit provided by paragraph 1 may not be prolonged.

Article 63

The guarantee of the civil lawsuit

1. In order to guarantee the restitution of the property and the compensation of the damage, upon request of the civil plaintiff, the proceeding authority may impose the sequestration of the property of the defendant of the civilly sued. This measure shall retain until the termination of the case.

Article 64

Renouncement from the judgement of the civil lawsuit

1. The renouncement from the judgement of the civil lawsuit may be made in any stage and instance of the proceedings by means of a statement made personally by the plaintiff or by his attorney in the sitting or through a written act deposited in the secretary of the court and notified to the other parties.

2. In case the civil plaintiff does not presents the conclusions in the final discussion or when brings a lawsuit before the civil court it is deemed that he has renounced from the judgement of the civil lawsuit.

3. When there is a renouncement from the judgement of the lawsuit as provided by article 1 and 2, the criminal court may not recognize the expenses and damage caused to the defendant and to the sued from the intervention of the civil plaintiff. The lawsuit for the indemnification and disbursement may be brought before the civil court.

4. The renouncement does not hinder the bringing of the lawsuit before the civil court.

Article 65

The summons of the civilly sued

1. The one who is civilly responsible for the offence committed by the defendant may be summoned in the criminal proceedings upon request of the civil plaintiff. The defendant who has been acquitted or whose case has been ceased may be summoned as civilly sued for the offences of the other co-defendants.

2. The request for the summons of the civilly sued must be made before the start of court examination.

3. The summons is ordered by a writ of the court.

Article 66

The voluntary intervention of the civil plaintiff

1. When it is made the constituency of the civil plaintiff, the civilly sued, by written request, may intervene voluntarily into the proceedings until the judicial review has not started. The court shall decide upon the request after hearing the parties.

2. The time-limit provided by paragraph 1 may not be prolonged.

3. The intervention of the civilly suit shall loose the effects in case of renouncement from the judgement of the civil lawsuit.

Article 67

The attorney of the private parties

1. The injured accuser, the civil plaintiff and the civilly sued have the right to be represented in the proceedings through an attorney provided with a power of attorney.

2. The address of the injured accuser, plaintiff and the civilly sued is deemed, to any procedural effect, to be that of the attorney.

3. The attorney, in case of hindrance and as long as it lasts, with the consent of the represented person, may appoint a substitute.

Article 68

The provision of the civil lawsuit

1. The court, as the case may be, accepts entirely or partly the civil lawsuit or rejects it.

2. When the decision of acquittal is rendered because the fact is not provided as a criminal offence or when the criminal case is ceased by a decision, the civil lawsuit shall remain unexamined.

3. When the civil lawsuit in the criminal proceedings is rejected it may not be brought again before the civil court.

TITLE II

JURISDICTION AND COMPETENCY

CHAPTER ONE

JURISDICTION

Article 69

Criminal jurisdiction

1. Criminal jurisdiction is exercised from the criminal courts under the rules provided by this code.

2. The criminal court examines everything which is necessary to make a decision and it decides under the rules provided by law.

Article 70

Effects of the criminal decision to civil and administrative judgement

1. A final criminal decision is compulsory for the court examining the civil consequences of the offence only regarding the fact whether the criminal offence has been committed and whether it is committed by the tried person.

2. The criminal decision occasionally resolving a fact connected with a civil, administrative or criminal case shall not have a compulsory effect in any other trial.

Article 71

Consequences of civil and administrative proceedings to the criminal proceedings

1. The final civil decision is compulsory for the court trying the criminal case only regarding the fact whether the offence has occurred or not, but not what concerns the guilt of the defendant.

2. When the criminal decision depends on the solution of a dispute regarding the family status or the citizenship for which a proceedings before the competent court has started, the criminal court may decide even ex-ufficio the suspension of the judicial examination until the dispute is resolved by a final decision. The suspension does not hinder the carrying out of the urgent actions.

Article 72

Absence of jurisdiction

1. The question of absence of jurisdiction is raised, even ex-ufficio, in any stage and instance of the trial.

The court renders a decision and, when the case is, orders the transfer of the acts to the competent authority.

2. When the absence of jurisdiction is raised during the preliminary investigations the proceeding prosecutor shall decide the transfer of the acts to the competent court in order that this decides.

Article 73

Disputes regarding jurisdiction

1. When there are disputes regarding jurisdiction, the court which raises them renders a decision transferring them along with the copy of the acts necessary for its solution to the High Court, indicating the parties and the defence lawyers.

2. There shall apply the provisions of the section IV of the chapter II of this title.

CHAPTER II

COMPETENCIES

SECTION I

Substantial competency

Article 74

The competencies of the district court

1. The district court is competent to try the criminal offences except those which are under the competency of the military court.

Article 75

The competencies of the military court

1. The military court tries the military men for military criminal offences, war prisoners or other persons provided by law.

SECTION II

TERRITORIAL COMPETENCY

Article 76

General rules

1. The territorial competency is determinated, orderly, by the place where the criminal offence has been committed or attempted or by the place where the consequence has come about.

2. In case the place indicated in the paragraph 1 is not known, the competency belongs, orderly, to the court of the residing place or the domicile of the defendant.

3. If even this way it may not be determined, the competency shall belong to the court of the place where the prosecution office which has been the first to register the criminal offence is located.

4. The rules provided by the paragraphs herein shall also apply during the preliminary investigations.

Article 77

The competency for criminal offences committed abroad

1. In case the criminal offence has been entirely committed abroad the competency shall be determined, orderly, by the residing place, domicile, the place of arrest or of the surrender of the defendant. When there are many defendants, then it shall proceed the court which is competent for their majority.

2. In case the competency may not be determined by the rules indicated in the paragraph 1, it shall belong to the court of the place where the prosecution office which has been the first to register the criminal offence is located.

3. In case the criminal offence is partly committed abroad, the competencies shall be determined under the general rules of the territorial competency.

Article 78

The competency to proceed judges and prosecutors

1. The proceedings in which a judge or a prosecutor becomes defendant or injured from the criminal offence which, according to the rules of this chapter would be within the competency of a court of a district where the judge or the prosecutor exercises their functions or did exercise in the moment of the occurrence shall be under the competency of the court which has the substantial competency and which is located in the centre of another neighbouring district, except when in this district the judge or the prosecutor has come after to exercise his functions. In the last case the competent shall be the court of another district nearer it, in which the judge or the prosecutor did exercise the functions in the moment of the commission of the criminal offence.

SECTION III

COMPETENCY DUE TO JOINDER OF CONNECTED PROCEEDINGS

Article 79

Cases of the joinder of the proceedings

1. There is a joinder of the proceedings when:

a) the criminal offence under the proceedings has been committed by several persons in co-operation amongst them or when several persons independently have committed it.

b) a person is accused for several offences committed by a single commission or omission or for some commissions or omissions to achieve a single criminal intention.

c) a person is accused for several offences, some of which committed to commit or to hide the others or to provide unlawful profits or failure of punishment to the guilty or to the others.

Article 80

Joinder of proceedings which are under the competency of different courts

1. In case some of proceedings connected amongst them are under the competency of a civil court whereas the others under the military court, competent court for all of them is the latter.

Article 81

Limits of a joinder in case of criminal offences committed by juveniles

1. When some of the proceedings connected amongst them are under the competence of ordinary court whereas the others under the court that tries cases when juveniles are involved competent for all of the proceedings shall be the latter, except for cases when prosecutor and the court consider that they must be separate.

2. When at the time of the trial the defendant is an adult, but one or several offences have been committed by him when he was a juvenile, the case shall be tried by the court handling cases with juveniles.

Article 82

Territorial competency specified by the connection of the proceedings

1. Territorial competence for connected proceedings, for which several courts have the same substantial competence, belongs to the competent court for the most serious criminal offence and if the offences are equally serious, to the competent court for the offence recorded the first.

2. Crimes are considered more serious than contravention. Amongst the crimes or amongst the contravention shall be considered as most serious the criminal offence for which is provided a longer maximal punishment or, when the maximums are equal, the longer minimum punishment. In case there are provided punishments to imprisonment and to fine, the punishment to fine shall be considered only when the punishments to imprisonment are equal.

SECTION IV

DISPOSITIONS DUE TO INCOMPETENCY

Article 83

Incompetency

1. Substantial incompetence is raised, even ex-officio, in any stage and instance of the proceedings.

2. Territorial incompetence and that deriving from the joinder of the proceedings due to a connection may be raised or rejected only before the judicial review has started.

Article 84

Incompetency announced during the preliminary investigations

1. When during the preliminary investigations or at their termination the prosecutor ascertains his incompetency for any reasons, he decides the transfer of the acts to the prosecutor in the competent court.

Article 85

Incompetency declared in the first instance trial

1. If in the first instance trial the court considers that the proceedings is under the competency of another court, it shall declare its incompetence for any reasons by decision and shall order the transfer of the acts to the competent court.

Article 86

The decision of the court of appeal and the High Court regarding competency

1. The court of appeal, when ascertains that the first instance court has been not competent, shall cancel the appealed decision and shall transfer the case to the competent court.

2. The decision of the High Court regarding competency is compulsory, except when new facts leading to a different legal definition making competent a superior court, appear.

Article 87

The evidence taken by an incompetent court

1. Failure to observe the provisions regarding the competence does not produce nullity of the assumed evidence.

2. Statements made before the court which did not have substantial competency, if repeated, may be used only to object the content of the deposition.

Article 88

Precautionary measures imposed by the incompetent court

1. The precautionary measures imposed by the court which in the meantime or after is declared incompetent for any reasons, shall become ineffective, if the competent court, within ten days from the receipt of the acts, does not decide for the precautionary measures.

SECTION V

DISPUTES REGARDING COMPETENCY

Article 89

Cases of disputes

1. There are disputes, in any stage and instance of the proceedings, when two or more courts at the same time receive or does not accept to examine the same accusation attributed to the same person.

2. The disputes during preliminary investigations shall be resolved by the superior prosecutor.

3. There may not be expounded any dispute on the territorial competency due to connection of the proceedings during preliminary investigations.

Article 90

The presentation of the dispute

1. The dispute may be presented by the prosecutor in any of the courts subject to dispute or by the defendant and private parties. The presentation is submitted to the secretary of one of the courts subject to dispute by a written and motivated request, which is enclosed the necessary documents.

2. The disputes arising during the preliminary investigations shall be resolved by the superior prosecutor.

3. The court raising the dispute shall render a decision by which orders the submission to the High Court of the copy of the acts necessary for its solution, indicating the parties and the defence lawyers.

4. The court that has rendered the decision shall immediately notify the court subject to dispute.

Article 91

Solution of the disputes

1. The disputes are resolved by a decision of the High Court. The court examines data, acts and documents that it considers as necessary.

2. The decision is notified immediately to the courts in dispute, to the relevant prosecution offices, to the defendant and private parties.

SECTION VI

JOINDER AND SEPARATION OF CASES

Article 92

Joinder of cases

1. The joinder of cases which stand at the same stage and instance before the same court may be decided, if the speed of their solution is not impaired:

a) In cases provided by article 79;

b) In cases of criminal offences committed by several persons damaging each other;

c) In cases when the prove of a criminal offence or of an its circumstance influence on the proof of another criminal offence or of an its circumstance.

Article 93

Separation of cases

1. The separation of cases is decided even ex-officio but when the verification of facts is not damaged:

a) the proceedings where one or more defendants or one or more accusation are involved are suspended

b) one or more defendants have not appeared before the trial because of the nullity of the write of summons, of the innocent ignorance of the writ of summons or for lawful reasons or because of lawful hindrances

c) one or more defence lawyers have failed to appear before the trial because of failure of notification or lawful hindrances.

ç) the judicial examination for one or more defendants or one or more accusations is complete, whereas for the other defendants or for other accusations other operations are needed.

2. In addition to cases provided by paragraph 1, the separation may be also ordered by agreement of parties when the court considers it as necessary to accelerate the process.

SECTION VII

TRANSFER OF THE CASE

Article 94

Causes of transfer

1. In any stage and instance of the trial, when public security or freedom of willingness of the persons who participate in the process are impaired by serious local events which may damage the performance of the process and which may not be avoided by other means, the Court of Cassation, upon motivated request of the prosecutor in the proceeding court or of the request of the defendant, shall transfer the case to another court, assigned according to article 76.

Article 95

Request for transfer

1. The request of transfer is filed, along with the connected documents, to the secretary of the competent court and is notified within seven days to the other parties.

2. The request of the defendant is signed by him personally or by a special attorney of him

3. The court transfers immediately the request, along with other documents and eventual remarks, to the High Court.

4. Failure to respect the forms and time-limit provided by paragraph 1 and 2 constitutes a reason for non-acceptance of the request.

Article 96

Effects of the request

1. The submission of the request of the transfer does not suspend the trial, but the court may not terminate the case until a decision accepting or rejecting the request is rendered.

2. The High Court may decide the suspension of the trial. The suspension does not hinder the carrying on of immediate actions.

Article 97

Decision regarding request of transfer

1. The High Court after taking the necessary data, decides in the consulting room, in absence of the parties.

2. The decision accepting the request is notified to the court which was proceeding and to the court that shall be appointed to try it. The court which was proceeding, transfers immediately the acts to the appointed court and orders the notification of the decision of the High Court to the prosecutor, defendant and private parties.

3. The court appointed by the High Court states by a decision whether the carried out actions are still valid and the extent of such validity.

TITLE III

ACTS, NOTIFICATIONS AND TIME-LIMIT

CHAPTER I

ACTS

SECTION I

GENERAL RULES

Article 98

Language of acts

1. Criminal procedural acts are made in Albanian language.

2. The person who does not speak Albanian is interrogated in his mother's tongue and the minutes is kept also in this language. Into the same language there are translated the procedural acts given to him upon his request.

3. Infringements of these rules render the act null and void.

Article 99

The signing of the acts

1. When it is required the signing of an act, unless the law does otherwise provide, it is sufficient the hand-writing of the name and the family name of the said person at the foot of the act.

2. The signing put in by mechanical means or by symbols differing from the writing are null and void.

3. When the person is not able to sign, the clerk receiving the written act or filing the oral act, ascertains the identity of the person and writes down this fact at the foot of the act in the presence of the third persons.

Article 100

Date of the acts

1. When the law requires the date of an act, in the act are indicated the day, the month, the year and the place where the act is done. The indication of the time is required only when provided expressly.

2. When it is provided that an act is deemed null and void because the date has been not indicated, this rule applies only to the case when the date may not be precisely given under the elements to be contained by an act or by other acts connected with it.

Article 101

Replacement of the original act

1. When the original of a procedural act is damaged, is lost or disappeared and for various reasons is not found, the authenticated and certified copy has the value of the original and is put in the place when the original was.

2. For this reason, the court even ex-ufficio orders by decision the person who keeps a copy to deliver it to the secretary.

Article 102

The remaking of the acts

1. When the replacement of the act may not be done, the court even ex-ufficio, verifies the content of the missing act and orders whether it may be remade or not and in what way it must be remade.

2. When the draft of the missing act exists, this is remade on its bases, provided that one of the judges who have signed, certifies that it has been authentic with the draft.

Article 103

Prohibition to publication of an act

1. There is prohibited the publication, even partly, of the secret acts connected with the case or even only their content by means or press or mass-media.

2. It is prohibited the publication, even partly, of the acts which are not secret until the termination of the preliminary investigations.

3. It is prohibited the publication, even partly, of the acts of judicial examination when the hearing is held in camera. Prohibition to publication is cancelled when the time-limit provided by law for state archives expire or when the time-limit of ten years from the date that the decision has become final has expired, provided that the publication is authorised by the Minister of Justice.

4. It is prohibited the publication of the personal data and photographs of the defendants and of juvenile witnesses accused or damaged from the criminal offence. The court may permit the publication only when this is in the interest of the juvenile or when the juvenile has reached the age of sixteen.

Article 104

Violation of prohibition to publication

1. The violation of prohibition to publication performed by a state employee or a public entity, if does not constitute a criminal offence, is a disciplinary violation. In this case the prosecutor notifies the organ entitled to disciplinary measures.

Article 105

The receiving of copies, excerpts and certificates

1. During the proceedings and after its termination any interested person may get, on his expenses, copies, excerpts or certificates of specific acts.

2. The request is examined by the prosecutor, for the acts of the preliminary investigation, or by the court which has rendered the decision for those of the judicial examination.

3. The issue of copies, excerpts or certificates does not cease the prohibition to publication.

Article 106

The request of the prosecutor for copies of the acts and for information.

1. The prosecutor has the right, when necessary to make investigations, to ask from the court, even in cases of secrecy, copies of acts connected with other criminal offences he prosecutes and also written information regarding their content.

2. The court shall without delay give an answer to the request or rejects it by motivated decision.

3. The provisions of paragraph 1 and 2 apply to also the requests made by the Minister of Interior and the Chief of Information Service, when they need copies of the acts and information in order to prevent criminal offences.

Article 107

The participation of the deaf-dumb and deaf and dumb in the making of procedural acts

1. When the deaf, dumb and deaf and dumb want or must give explanations, this is made as following:

a) The deaf are made the questions and forewarning in writing and he shall answer orally.

b) The dumb are asked the questions and the forewarning orally and he replies in writing.

c) The deaf and dumb are presented the questions and the forewarning in writing and he replies in writing.

2. In case the deaf, the dumb or the deaf and dumb are not able to read or write the proceeding authority shall appoint one or more interpreters selected amongst the persons who have the skill to communicate with them.

Article 108

The witnesses in the procedural acts

1. There may not be witnesses for the certifying of the content of a procedural act:

a) Juveniles up to fourteen years old and the persons who evidently are mentally sick or who are in a serious state of drunkenness or poisoning by drugs and psychotrops.

b) Persons under precautionary measures.

Article 109

The power of attorney applicable for specific procedural acts

1. When the law permits that the act is made through a special attorney, the power of attorney is made by a notarial act or by a private letter certified by competent authorities, otherwise it is not accepted, and shall comprise, in addition to the data specifically required by law, the definition of the object for which it is given and of the facts it has been referred to. The power of attorney is attached to the acts.

2. The power of attorney issued by state authorities must have the signature of the responsible and the seal of the authority.

Article 110

Memories and requests of parties

1. The parties and their attorneys have the right, in any stage and instance of the proceedings, to present memories and written requests.

2. The proceeding authority renders a decision within fifteen days.

Article 111

Statements and requests of the detained persons

1. The person held in custody has the right to present complaints, requests and statements through the director of the institution, who issues a document certifying that they have been handed. They are recorded in a special book, are notified immediately to the competent authority and have the same effect as having been excepted directly by that authority.

2. The defendant under house arrest or under supervision in a healing place has the right to present claims, request and statements to the officer of the judicial police who certifies to have received them and takes care of their immediate sending to the competent authority.

3. The same rules apply to information, complaints, requests and statements presented by private parties or injured person.

SECTION II

ACTS OF THE COURT

Article 112

The forms of court disposition

1. The court disposes by decision and by order.

2. The final decision is made in the name of the people.

3. The decision and the order shall motivated, otherwise they are deemed null and void.

4. The decision is made in the consulting room, in absence of the secretary and parties.

5. When a member of the court has not voted for what has been decided, upon his request, there is kept a summarised minutes explaining the reasons of the objection. The minutes is signed by all members and is put in a sealed envelope at the secretary.

6. The orders are issued without respecting any specific formalities and, when it is not otherwise provided, they are given even orally.

Article 113

The depositing of the court acts

1. The original of the court acts are deposited in the secretary within five days from their

making. Appealable acts shall be notified to the prosecutor and to the persons the law recognises the right to appeal.

Article 114

The correction of material errors

1. The court which has issued the acts may, even ex-ufficio, make the correction of material errors of the decisions and orders. When this act is appealed and the appeal is accepted, then the correction is made by a decision of the court examining the appeal on which bases is made a note in the original of the act.

SECTION III

DOCUMENTATION OF THE ACTIONS

Article 115

The minutes

1. The documentation of the actions is made by minutes.

2. The minutes is compiled by the secretary of the court, in full or in summarised form, by stenotyping, by other technical means and, when these means are missing, by handwriting.

3. When the minutes is compiled in a summarised form it must be made also the phonographic reproduction and, if there are conditions, even the audio-visual reproduction when required.

Article 116

The content of the minutes

1. The minutes contains the indication of the place, year, month, day and, when necessary, even the time in which it has started and completed, the personal data of the persons who have participated, indication of the causes, if known, the absence of the persons who must participate and the requests presented by the parties.

Article 117

The signing of the minutes

1. The minutes, except the one kept in the hearing, after being read, is signed at the foot of each page by the keeper, by the one who proceeds and by the persons who have participated.

2. When one of the participants does not want or is not able to sign, this is written as a remark, giving also the reason why.

Article 118

Transcription of the minutes kept by stenotyping means

1. The tapes typed with stenotyping symbols are transcripted into ordinary letters not exceeding five days from the date they have been made and they are attached to the acts along with the transcription.

2. When the person who has typed the tapes is subject to prohibition to transcription, then the court orders to trust the transcription to a proper person even not working in the state administration.

Article 119

Phonographic or audio-visual reproduction

1. Phonographic or audio-visual reproduction is made by technicians, even out of the state administration, under the auspices of the secretary of the court.

2. In case of phonographic reproduction, the minutes shall indicate the time of start and termination of reproduction operations.

3. When the phonographic reproduction is not understandable, as evidence shall be used the minutes compiled in a summarised form.

4. The phonographic or audio-visual records shall be attached to the acts.

Article 120

The forms of documentation in particular cases

1. The court, when the actions to be documented have a simple content or when the mechanical means of the reproduction or technical assistants are missing, decides the making of the minutes in a summarised form.

2. When the minutes is kept in a summarised form, the court takes care that the essential parts of the statements and the circumstances under which they have been made shall be noted.

Article 121

Oral statements of the parties

1. When the law does not require the written form of the document the parties may make, by themselves or by means of special attorneys, oral requests or statements. In this case, the secretary of the court compiles the minutes and records the statement. To the minutes shall be attached, when the case is, the special power of attorney.

2. The party that requires it is issued on his own expenses a certificate or the copy of the statements made.

Article 122

Nullity of the minutes

1. The minutes shall be deemed null and void when there are doubts regarding participating persons or when the signature of the clerk who has kept it is missing.

SECTION IV

THE TRANSLATION OF THE ACTS

Article 123

The appointment of the interpreter

1. The defendant who does not know the Albanian language is entitled to free assistance by an interpreter in order to understand the accusation and to attend the actions he participates in.

By means of the interpreter he is obliged to make a written statement admitting he does not know the Albanian language.

2. The proceeding authority shall also appoint an interpreter when a writing into a foreign language must be translated.

3. The interpreter is also appointed when the court, the prosecutor or the officer of the judicial police do know the language to be translated.

Article 124

Incapacity and the incompatibility of the interpreter

1. There may not exercise the task of an interpreter:

a) the juvenile, the one who is prohibited to translate, the one who is incapacitated, the mentally sick, the one who is prohibited or suspended the exercise of public duties and profession;

b) the person under precautionary measures;

c) the person who may not be asked as a witness, the one who has been summoned as a witness and as expert in the same process or in a process connected with this.

Nevertheless, in case a deaf, a dumb or a deaf and dumb is asked the interpreter may be selected by their relatives.

Article 125

Request for challenging and withdrawal of the interpreter

1. The parties have the right to challenge the interpreter for reasons provided by article 124.

2. When there is a reason to ask the challenge or withdrawal, the interpreter must announce it.

3. The request for challenge or withdrawal may be submitted before the assignment and, for reasons acknowledged later on, before the interpreter has performed his assignment.

4. The request for challenge or withdrawal is subject to a decision of the proceeding authority.

Article 126

The assignment of the interpreter

1. The proceeding authority verifies the identity of the interpreter and asks him whether there are reasons for his challenge or not.

2. The interpreter is forewarned of his obligation to an accurate translation and to the secrecy of actions carried on in his presence. After this, he is invited to perform the assignment.

Article 127

Time-limit for completion of written translations. Substitution of the interpreter

1. The proceeding authority shall fix the interpreter a time-limit in case the translation of the writings requires an overtime work. The interpreter may be substituted when he does not present the written translation within the time-limit.

2. The substituted interpreter, after being summoned to appear before the court to give the reasons why the assignment has been not completed, and the court may punish him by fine up to ten thousand lek.

SECTION V

NULLITY OF THE ACTS

Article 128

Absolute nullity

1. The procedural acts shall be deemed null and void when there are not respected the provisions related with:

a) the prerequisites to be a judge in the concrete case and the required number of judges to set up the colleges as provided by this code;

b) the right of the prosecutor to initiate criminal proceedings and to participate in the proceedings;

c) the summons of the defendant or the presence of the defence lawyer when it is compulsory.

2. An act which has been qualified as absolutely null and void by law may not become valid.

Article 129

Relative nullity

1. The nullity differing from those provided by articles 130 and 131, paragraph 2 may be declared upon request of the parties.

2. The nullity related to the acts of preliminary investigation and to those made for the incident of the proof must be objected before the judicial examination starts.

3. The nullity proven in the trial may be objected along with the appeal of the final decision.

4. Time-limit to present or to object the nullity may not be prolonged.

5. The nullity of an act must when the party is present must be objected before it is completed or, when this is not possible, immediately after its completion.

Article 130

The evaluation of nullity

1. Except when the law does otherwise provide, the nullity is not considered when:

a) the interested party has expressly withdrawn from its objection or has accepted the consequences of the act.

b) the party has profited from the right for which exercises the null and void act has been ordered before.

2. Nullity of notifications, announcements and communications is evaluated in case the interested party has failed to appear or has refused to appear.

3. The party declaring that appears only to present the irregularity of the act is entitled to a time-limit, not less than five days, to defence.

Article 131

Consequences of declaring the nullity

1. The nullity of an act renders null and void subsequent acts which are depended on the one that has been declared null and void.

2. The court declaring the nullity of an act orders its repetition when this is needed and possible charging expenses to the one who has caused the nullity intentionally or because of gross negligence.

CHAPTER II

NOTIFICATION

Article 132

Organs and forms of notification

1. The notification of the acts are carried on by the clerk or by mail.

2. The judge, when considers necessary may order that notification are made by the judicial police.

3. When the copy of the act is delivered to the interested person by the secretary of the court this has the value of the notification. In this case the secretary of the court notes on the

original acts the delivery and the date.

4. The notifications made by the court to the interested person in their presence are kept in the minutes.

Article 133

Urgent notification by telephone, telegraph and fax

1. The judge, in urgent cases, may order that the persons requested by the parties, except the defendant, are notified by telephone from the secretary of the court or from the judicial police.

On the original of the notification is noted the number of the dialed number of the telephone, the name and the duty of the person which receives the notification, his relations with the one subject to notification the date and the time of the telephone call.

2. The notification telephone is valid since the moment it is made but still when there is also received the confirmation by the receiver through the telegram.

3. The notification may be made also by telegram and fax.

4. The judge under specific circumstances may dispose by order motivated at the foot of the act that the notification of the person, except the defendant is made by using adequate technical means which guarantee the notification.

Article 134

Notification of acts to the prosecutor

1. The notification of the act to the prosecutor during the preliminary investigation is made by the judicial police or by mail.

2. The delivery of the copy of the act to the interested person by the secretary has the validity of the notification. The deliverer notes on the original of the act the fact of the delivery and the date.

3. Oral notification made by the prosecutor replace the notifications provided that this fact is

noted in the minutes.

Article 135

Notifications by private parties

1. Notifications by the parties may be made even with the sending of the copy of the act by their attorneys through a registered letter with a confirmation of receipt.

Article 136

Notification to the prosecutor

1. The notifications to the prosecutor are made even directly by the parties, defence lawyers or their attorneys through the delivery of the copy of the act to the secretary. The one who receives it notes in the original and in the copy of the act the personal data of that who has made the delivery and the date.

Article 137

Notification to the private parties

1. Notifications to the person injured from the criminal offence are made equally as in cases when it is notified for the first time the defendant in free conditions. When the places indicated in the article 143 are not known the notification is made by depositing the act in the secretary. When it results from the acts that his domicile or residing place or residence are abroad, he shall be cited by a registered letter with confirmation of reception by which he must declare or choose an address within the territory of Albanian state. When after twenty days from the reception of the registered letter the declaration or the choice of the address is not made the notification is done by depositing the act in the secretary.

2. The notification of the first summons to the civilly sued person is made in the forms provided for the first notification of the defendant in free state.

3. The notifications regarding the plaintiff and civilly sued person are made to their attorneys.

Article 138

Notifications of injured persons by public announcements

1. When the notification of the injured persons is difficult because there are many of them or because it is difficult to identify some of them, the court may order the notification by public announcement.

2. The notification is considered completed when the clerk of the court deposits a copy of the act along with the documents which certify the public announcement at the secretary.

Article 139

The notification of the imprisoned defendant

1. The notification of the imprisoned defendant in the prison by handing him the act.

2. When the defendant refuses to receive the copy of the act or when he is absent for justified reasons the act is handed to the responsible of the institution who, in such a case, gives notes to the interested person by the fasted means.

3. The provisions hereof shall be also applicable in case the defendant is detained for another accusation or is serving the punishment to imprisonment.

4. When the prisoner is released due to the changing of the precautionary measures he must declare or choose an address. This is noted in the act of release and is notified to the proceeding authority. When the notification in the declared or the chosen address may not be executed then the act is delivered to the defence lawyer.

Article 140

The notification of the defendant in free state

1. The notification of the defendant in free state is made by delivering him the copy of the act.

When it may not be delivered to him personally the notification is made in his domicile or working place by delivering the act to a person who lives with him or to a neighbour or to a person who works with him.

2. When the places indicated in the paragraph one are not known the notification is made in the place where the defendant lives temporarily or in the place where he resides more frequently, by delivering it to one of the persons indicated in the paragraph 1.

3. The copy of the notification may not be delivered to a juvenile under fourteen or to a person with evident lack of intellectual capacity.

4. When the persons indicated in the paragraph 1 are absent or when there are not suitable or refuse to receive the act then it is proceeded by tracing the defendant in other places. In case that even this way the notification may not be done, the act is deposited in the administrative unit of the quarter or the village where the defendant lives or works. The notification of the deposit is posted on the gate of the house or working place of the defandant. The clerk notifies him for the deposit by a registered letter with a confirmation of the receipt. The effects of the notification start since the reception of the registered letter.

5. The notification of the defendant who is serving military service is made by handing him personally the act and when this cannot be done the act is notified to the commando unit which is obliged to immediately notify the interested person.

6. The defendant is obliged to notify the proceeding authority for any changing of the declared or chosen domicile by telegram or registered letter.

Article 141

The notification of the defendant when he is not found

1. When the notification cannot be done according to rules specified for the first notification of the defendant in free state, the proceeding authority orders the searching for the defendant In case the search does not give any positive result then it is issued the decision of failure to be found by which after appointing a defence lawyer to the defendant, is ordered that the notification is done by delivering a copy to the defence lawyer. The unfound person is represented by the defence lawyer.

2. The decision of the failure to find him shall loose the effects when the preliminary investigations terminate or as the decision of the court is rendered.

3. The notification to the hidden or escaped defendant is made by delivering of the copy of the act to the defence lawyer and when he has not a defence lawyer the proceeding authority appoints a defence lawyer ex-officio, who represents the defendant.

Article 142

The notification of the defendant abroad

1. When the domicile or the residence of the defendant abroad is known the proceeding authorities sends him a registered letter with confirmation of reception, by which notifies the criminal offence he is charged with and asks him to declare or choose a domicile in the Albanian territory. In case after three days from the reception of the registered letter the declaration or the choice of the domicile is not made or when this is not notified, the notification is made by the delivery to the defence lawyer.

2. When it results that there are not sufficient data to act as provided by paragraph 1 the proceeding authority, before issuing the decision of failure to find him, orders for searches to carry out, even outside the territory of that state, in conformity to the rules provided by international conventions.

Article 143

Nullity of notification

1. The notification is null and void when:

a) the act has not been notified entirely, except when the law permits the notifications by excerpts,

b) in the copy of the notified act the signature of the one who has made the notification is missing,

c) there are violated specific provisions regarding the person who is entitled to the delivery of the copy,

ç) there is not made the posting of the notification for the defendant in free state,

d) in the original of the notified act the signature of the person who has undertaken the notification according to article 140, paragraph 1 is missing,

dh) there are not observed the forms of the notification by special technical means and for this reason the one who should be notified did not get informed of the act.

CHAPTER III

TIME-LIMITS

Article 144

General rules

1. The procedural time-limits are fixed hourly, daily, monthly or yearly.

2. The time-limits are assessed under the ordinary calendar.

3. When the daily fixed time-limit chances on a holiday or on a bank holiday, it is postponed up to the subsequent working day.

4. Except when the law otherwise provides, there shall not be assessed in the time limit the hour or the day on which the time-limit starts. There are assessed the last hour or the last date.

5. The time-limit for the presentation of statements the deposit of the documents or the carrying on of other operations in the court shall be considered terminated at the moment when, as a rule, the offices are closed for the public.

Article 145

Time-limit that may not be prolonged

1. The time-limit which may not prolonged are those provided by law for specific cases.

These time-limits may be prolonged only when the law does otherwise provide.

2. The party in which favour has been fixed a time-limit may ask or permit its shortening by a statement delivered to the secretary of the proceeding authority.

Article 146

Prolongation of the time-limit to appear

1. When the domicile of the defendant given by the acts or the declared or chosen domicile stands outside the district where the proceeding authority has its seat the time-limit to appear shall be prolonged as long as days are needed for travelling. In any case the prolongation of the time-limit may not be longer than three days. the prolongation of the time-limit for the defendant residing abroad id fixed by the proceeding authority taking into consideration the distance and the means of transport which are used.

2. These rules shall also apply to the time-limit provided for the appearing of any other person for which the proceeding authority has issued an order or a writ of summons.

Article147

Reinstatement of the time-limit

1. The prosecutor, the defendant, private parties and defence lawyers shall be reinstated the fixed time-limit when they prove to have not been able to observe the time-limit due to mischance or force majeure.

2. In case the decision is rendered in absence the defendant may request the reinstatement of the time-limit to make an appeal when proves that he has not been notified of the decision.

3. The request to reinstate the time-limit is presented within ten days from the disappearing of the fact which constituted mischance or force majeure, whereas in cases provided by paragraph 2 from the day when the defendant has become effectively aware of the act. The reinstatement of the time-limit is not permitted more than once for each party for each stage of the proceedings.

4. The request is subject to the decision of the authority which proceeds at the time of its presentation.

5. The decision permitting the reinstatement of the time-limit for making the appeal is appealable only along with the final decision.

6. The decision refusing the request for reinstatement of the time limit is subject to an appeal to the Court of Cassation.

Article 148

The effects of reinstatement of time-limit

1. The court which he has decided the reinstatement of the time-limit, upon request of the party and as far as it is possible, orders the repetition of the operations in which the party was entitled to participate.

2. When the reinstatement of the time-limit is rendered by the Court of Cassation the repetition of the operations shall be decided by the court which is competent to the review on merits

TITLE IV

THE PROOF

CHAPTER I

GENERAL RULES

Article 149

The meaning of the proof

1. The proof are information on the facts and circumstances connected with the criminal offence which are acquired from sources provided by criminal procedural law in conformity with its rules and which contribute to proving whether the criminal offence has been committed or not, the consequences which have come from it, the guilt or innocence of the defendant and the extent of his responsibility.

Article 150

The subject of the proof

1. There are subject of the proof the facts connected with the accusation, the guilt of the defendant, the taking of precautionary measures, the punishment and civil liability as well as the facts which influence to the application of the procedural rules.

Article 151

The taking of the proof

1. During the preliminary investigation the proceeding authority takes the proof under the rules provided by this code.

2. The proof in the trial are taken upon request of the parties. The court decides by order, dismissing the proof prohibited by law and those who are obviously unnecessary. The disposition regarding the taking of the proof may be revoked in any stage of court examination.

3. When a proof which is not provided by law is requested, the court may take it if it assists to prove the facts and if it does not impair the free willingness of the person. The court decides on the taking of the proof after hearing the parties how to take it.

4. There may not be used the proof taken contrary to the prohibitions provided by law. The uselessness is also brought ex-officio in any stage and instance of the proceedings.

Article 152

Evaluation of proof

1. The evaluation of the proof is the definition of the genuineness and their capacity of proving. Any proof is subjected to examination and does not have any prejudiced value. The court evaluates the proof upon conviction created after their thorough examination.

2. The existence of a fact may not be picked up from the indications except when these are important, accurate and in harmony with each other.

3. The statements made by the co-defendant in the same criminal offence or by the perso held as defendant in proceedings connected with him shall be evaluated along with other proof which confirm their genuineness.

CHAPTER II

TYPES OF PROOF

SECTION I

TESTIMONY

Article 153

The subject and the limits of testimony

1. The witness is questioned on the facts which are subject to proof. He cannot give evidence on the moral behaviour of the defendant, unless the case is connected with facts which help to figure out his personality in connection with the criminal offence and the social dangerousness.

2. The interrogation of the witness can be extended also to the kinship relations and to the existing interests between the witness and the parties or other witnesses, as well as to the circumstances which verification is needed to evaluate his reliability. The testimony to facts which help to figure out the personality of the injured by the criminal offence is only accepted if the accusation to the defendant must be evaluated in relation with the behaviour of the injured person.

3. The witness is questioned for specific facts. He may neither give evidence about facts which are discussed in public nor express his personal opinion, except when they cannot be divided from the testimony to the facts.

Article 154

Indirect testimony

1. When the witness, in order to know the fact, refers to other persons, the court, upon request of the party or ex-officio, orders them to appear to give evidence.

2. In case the provisions of the paragraph 1 are not taken into consideration, the testimony of the witness to the fact acknowledged by him from other persons is useless, except when their interrogation is impossible because of their death, their grave malady or when they are not found.

3. The witness cannot be questioned for facts which he has learn from the persons who are obliged to keep their professional or state secret, except when these persons have given evidence on the same facts or have spread them in any other way.

4. It may not be used the testimony of the person who refuses or who is unable to indicate the person or the source from which he has learned the facts subject to his interrogation.

Article 155

Capacity to give evidence

1. Anyone, except those who are not able to testify because of their mental or physical disability, has the capacity to give evidence.

2. When the evaluation of the statements needs the verification of mental and physic capacity to give evidence, the court even ex-officio can order for necessary verifications to carry.

Article 156

Incompatibility with the assignment of the witness

1. There cannot be questioned as witnesses:

a) the persons who, due to physical or psychological sickness, are not able to give right evidence;

b) the defendants in a common criminal offence or in a connected proceedings even when they have been subject to a dismissal, acquittal or conviction, except when the acquittal has become final;

c) the ones who are carrying on or have been vested the function of the judge or prosecutor in the same proceedings;

Article 157

The duties of the witness

1. The witness is obliged to appear before the court, to observe its orders and to say the truth for the questions brought before him.

2. The witness may not be forced to testify to facts which can incriminate him.

Article 158

Exemptions from obligation to testify

1.There are not obliged to testify:

a) the close relatives of the defendant, except when they have made an indictment or a complaint or when they or a close relative of them are injured by the criminal offence;

b) the spouse, for facts he has learnt from the defendant during their matrimonial life;

c) the divorced spouse of the defendant;

d) the person who is not the spouse of the defendant but he concubinages or have concubinaged with him or her;

e) the person who is related with the defendant by adoption.

2. The court explains to the above mentioned persons the right to not testify and asks them if they wish to make use of this right. If this rule is ignored, the testimony is rendered null and void.

Article 159

Professional secrecy

1. There may not be forced to give evidence for facts learnt due to their duty or profession, except when they have to present them to the proceeding authorities:

a) the representatives of the religious belief, whose statutes are not in opposition to the Albanian rule of law;

b) practicing lawyers, legal representatives and notaries;

c) doctors, surgeons, pharmaceutists, obstetricians and any body else exercising a medical profession,

d) the ones who exercise other duties or professions, whom the law recognises the right to not give evidence for what concerns the professional secret.

2. When there are reasons to suspect that these persons try to not give evidence under unmotivated grounds, the court orders for necessary verification. When it results ungrounded, the court decides that the witness must give evidence.

3. The provisions setforth in paragraph 1 and 2 shall also apply to the professional journalists as far as the names of the persons from whom they have collected information during the performance of their profession are concerned. But, in case the data are indispensable to prove the criminal offence and the truthfulness of these data may become clear only through the identification of the source, the court orders the journalist to give the source of his information.

Article 160

The keeping of the state secret

1. The state employees, public clerks and the persons assigned with a public service are not obliged to give evidence for facts which are considered as state secret.

2. When the witness insists that the fact is a state secret, the court requests a written confirmation of the competent state authority.

3. When the secret is confirmed and the proof is not essential for the solution of the case, the witness is not questioned, but in case the proof is essential, the court decides the suspension of the case until the superior authority of the state administration shall give its response. After this the witness must testify.

4. When, after thirty days from the communication of the request, the competent state authority does not confirm the secret, the witness is asked to testify.

5. The officers and the agents of judicial police, as well as the personnel of informative service may not be ordered to tell the names of their informers. The information given by them shall not be considered and used if these officials are not questioned as witness concerning the information.

Article 161

Exclusions in the status of a secret

1. There may not be qualified as state secret the data or documents connected with criminal offences, which attempt to overthrow the constitutional order. The nature of the criminal offence is defined by the proceeding authority.

2. If the exception of the secret is not accepted, the competent state authority shall be informed.

Article 162

The taking of testimony from the President of the Republic and other high rank state employees

1. The testimony of the President of the Republic is taken in the residence he exercises the function of the Head of the State.

2. In case the testimony of the Chairman of the Parliament, Prime-Minister, President of the Constitutional Court, President of the Court of Cassation must be taken, they may ask to be interrogated in the offices they exercise their functions. When the court considers their presence as indispensable to carry out acts such as recognition or confrontation, it is proceeded under ordinary rules.

Article 163

Taking testimony from diplomats

1. In case a diplomat or anyone in charge of diplomatic mission outside Albania must be questioned, as long as he is outside the territory of the Albanian state the request for his interrogation shall be transmitted, through the Ministry of Justice, to the Albanian diplomatic or consulate authority, except when they must appear by all costs.

2. For the taking of testimony from diplomats of a foreign country accredited in Albania international conventions and customary rules shall apply..

Article 164

Forcible accompaniment

1. When the witness, who is normally summoned, does not appear at the designated place, day and hour, without any lawful obstacles, the court may order the forcible accompaniment.

2. The person under forcible accompaniment cannot be held available more than the required time for his appearance and, in any case, not more than twenty-four hours.

3. The provisions of paragraph 1 and 2 do also apply to the expert and interpreter.

Article 165

The responsibility for false evidence or refusal to give evidence

1. When during the interrogation the witness gives contradictory, not complete or sayings which run against the taken proof, the court forewarns him for false evidence. The same forewarning shall apply to the witness who unlawfully refuses to give evidence.

2. In case the witness persistently refuses to give evidence or when it is evident that the witness has given false testimony, the court requests from the prosecutor to proceed according to law.

SECTION II

INTERROGATION OF THE DEFENDANT AND THE PRIVATE PARTIES

Article 166

The request for the interrogation

1. The defendant and the civilly sued are interrogated in case they request or when this is requested to them and they give their consent. The same applies to the civilly sued, except when he must be interrogated as witness.

Article 167

Interrogation of a person who is a defendant in a connected proceeding

1 The persons held as defendant in a connected proceedings, who are being proceeding or are proceeded separately, are interrogated upon the request of the party or even ex-officio.

2. They must appear before the court which, when necessary, orders their forcible accompaniment. The provisions of summoning of the witnesses shall apply.

3. The persons indicated in the paragraph 1 shall be defended by the selected defence lawyer and, in his absence, by a defence lawyer appointed ex-officio.

4. Before the start of examination, the court reminds the persons indicated in the paragraph 1 of their right to silence.

5. The provisions of the above paragraphs shall also apply to preliminary investigations of the persons held as defendant or for a criminal offence which is connected with that under proceedings.

Article 168

The interrogation of private parties

1. The interrogation of private parties shall undergo the dispositions provided by articles 153, 154,157, paragraph 2 and 363.

2. When the party refuses to answer a question this shall be noted in the minutes.

SECTION III

CONFRONTATIONS

Article 169

The requirements of the confrontation

1. The confrontation is allowed only between persons who have been interrogated, when there are contradictions amongst them for certain facts and circumstances.

Article 170

Rules of the confrontations

1. The proceeding authority, after reminding the persons to be confronted of their previous statements, shall ask them whether confirm or change them, inviting, if necessary, to make the reciprocal objections.

2. In the minutes shall be registered the questions brought by the proceeding authority, statements made from the persons in confrontation and anything else which has occurred during the confrontation.

SECTION IV

RECOGNITION

Article 171

Recognition of persons

1. When recognition of a person is needed, the proceeding authority invites the one who must make the recognition, to describe the person by producing all the signs he remembers and asks him whether he has been asked to make the recognition before and also other circumstances which may contribute to the truthfulness of the recognition.

2. In the minutes there are noted the actions provided by paragraph 1 and the statements made by recognizing person.

3. Failure to meet the provisions of paragraph 1 and 2 is a cause to render recognition null and void.

Article 172

The performance of recognition

1. After ordering the recognising person to leave, the proceeding authority provides the appearance of at least two persons, who take after the to be recognised. It invites the latter to choose his place trying to appear, as much as it is possible, in the same circumstances in which he might have been seen by the recognising person. After the recognising person appears, the court asks him whether he knows anyone of those who are under recognition and, if the answer is positive, it invites him to show the one he recognises and to specify whether he is pretty sure of this.

2. When there are reasons to think that the person cited to make a recognition may feel scared or has any influence of the presence of the person to be recognised, the proceeding authority orders that the act is carried avoiding the first to be seen by the latter.

3. In the minutes there are noted, by sanction of nullity, the performance of the recognition.

The proceeding authority may order the recording of the process of recognition, even by photographing or filming it.

Article 173

Recognition of objects

1. When it must be proceeded in recognising material proofs or other objects connected with the criminal offence, the proceeding authority acts by observing the rules of recognition of the persons, at the extent this can be done.

2. After being found, when possible, at least two objects similar with the one to be recognised, the proceeding authority shall ask the person cited for recognition whether he knows any of them and in case the answer is yes, it invites to state which of them and to confirm that this is for sure.

3. In the minutes are kept, by sanction of nullity, the way recognition is carried out.

Article 174

Other forms of recognition

1. When it orders the recognition of voices, sounds or any other thing which may be subject to sensual perception, the proceeding authority observes the rules applicable to the recognition of persons, as far as this is possible.

Article 175

Recognition by several persons or of several persons

1. When several persons are cited to make the recognition of the same person or object, the court proceeds by separate actions, prohibiting any communication between the one who has made the recognition and the ones who must make it after.

2. When a person must recognise several persons or objects, the court orders that the person or the object to be recognised shall be put amongst the persons or the various objects.

3. There shall apply the provisions of articles 171, 172 and 173.

SECTION V

THE EXPERIMENT

Article 176

Conditions of the experiment

1. The experiment is permitted when necessary to prove whether a fact has occurred or not or whether it may have occurred in a certain way.

2. The experiment is the reproduction, as far as this is possible, of the situation in which the fact has occurred or it is deemed to have occurred, by repeating the ways of the occurring of the fact itself.

Article 177

The rules of performing the experiment

1. The decision of the proceeding authority ordering the completion of the experiment comprises a summarised information about its object and the indication of the day, time and place where the actions will take place. In the same decision or in another subsequent one a specialist to carry on the specific actions may be appointed.

2. The proceeding authority takes the adequate measures to carry out the actions ordering the photographing and the filming and also measures that the public or individual security is not threatened.

SECTION VI

EXPERTISE

Article 178

The subject of expertise

1. The expertise is permitted when necessary to carry on researches or to take evidence or evaluations, which require special technical, scientific, or cultural knowledge.

2. There shall not be allowed the expertise to figure out the professionalism in the criminal offence, criminal inclination, character and the personality of the defendant and, in general, the psychic features which are not connected with pathological

Article 179

Assignment of expert

1. The assignment of expert is made by selecting him amongst the persons registered in the special books or amongst them who have special knowledge on this matter. When expertise shall be declared null and void the, proceeding organ takes the measures, when possible, that the new assignment is trusted to another expert.

2. The order of the proceeding authority for the assignment of the expert is notified to the defendant or his defence lawyer, explaining his right to ask for the challenge of the expert, to propose other experts, to participate himself in the expertise, when possible, and to ask questions to the expert.

3. When the researches and the evaluations appear to be very complex or require various information from several subjects, the proceeding authority shall charge the task of the expertise several experts.

4. The expert is obliged to carry out his job except when there are not the cases of his challenging as an expert.

Article 180

Incompatibility in the assignment of the expert

1. There may not carry on the duty of an expert, by sanction of nullity:

a) the juvenile, the one who has a legal obstacle or is incapacitated or suffers from a mental sickness

b) the one who is suspended, even temporarily, from public duties or from the exercise of the profession

c) the one who has been imposed individual precautionary measures

ç) the one who may not be interrogated as a witness or to be cited as an interpreter or has the right to not give evidence or to not translate.

Article 181

The challenge of the expert

1. The parties may challenge the expert as in cases this law provides for the challenge of a judge.

2. When there is a reason for the challenging, the expert is obliged to declare it.

3. The statement of the reason of the challenge made by the expert himself or the demand for the challenging made by the parties may be presented until the assignment has been made and when the causes have come about on the spot or have been known later, before the expert has given his opinion.

4. The statement of the expert for the challenging or the demand for his challenge is subject to the decision of the proceeding authority that has ordered the expertise.

Article 182

The dispositions of the proceeding authority

1. The proceeding authority disposes the expertise upon a motivated decision, which include the appointment of expert, the brief introduction of the case, the indication of the day, hour and of the fixed place for the appearance of the expert.

2. The proceeding authority orders the expert and takes the measures for the appearance of the persons subjected to expertise.

Article 183

The assignment of the duty

1. The proceeding authority, after being certain of the expert's identity, asks him if there are reasons of challenge, forewarns him on the obligations and responsibilities provided by the criminal law, compiles the requirements of expertise and invites the expert to make the following statement: "Being aware of the moral and legal responsibility of the assignment I am undertaking, I shall carry it out honestly and fairly and I shall keep the secret of all the actions connected with the expertise".

2. The remuneration of the expert is determined by order of the authority which disposes of the expertise.

Article 184

The actions of the expert

1. In order to meet the requirements of the expertise, the proceeding authority may authorise the expert to look at the acts, documents and anything else in the file of the prosecutor or the court.

2. The expert may be also authorised to take part during the interrogation of the parties and the taking of the proof.

3. When the expert asks data from the defendant injured person or other persons. these data shall be used only for the completion of expertise.

Article 185

The expertise report

1. The opinion of expert is provided in writing.

2. When the appointed experts are more than one and they have different opinions, each of them shall give his own opinion by a separate act.

3. In case there are a lot of facts and the expert cannot answer immediately, the proceeding authority gives him a period of time not exceeding sixteen days. In case he needs to make some very complex verifications, this term may be prolonged more than once for periods of times not longer than thirty days, but in any case without exceeding the maximum of six months.

Article 186

Replacement of expert

1. The expert may be replaced in case he does not give his opinion within the fixed term or when the request for prolongation is not accepted or he is negligent in his duty.

2. The order of the proceeding authority regarding substitution is given after hearing the expert. The replaced expert may be punished by a fine up to ten thousand leks.

3. The expert is also substituted when the request for his challenge is accepted.

4. The replaced expert is obliged to deliver to the proceeding authority the documentation and the results of the performed acts.

SECTION VII

REAL EVIDENCE

Article 187

The meaning of real evidence

1. The real evidence comprises the objects which have been used as means in the committing of a criminal offence or which keep traces or which have been as a target for the actions of the defendant, objects which constitute the benefit from the criminal offence, as well as any other object which may contribute to the clarification of the circumstances of the case.

Article 188

The taking of real evidence

1. The real evidence are described in detail in the minutes, when there is possible they are photographed or filmed and, by order of the proceeding authority, shall be attached to the judicial file.

Article 189

The preservation of the real evidence

1. If the real evidence which are destroyable due to their nature cannot be restituted to the persons they belong to, then they shall be delivered for use to specific entities, which must give them back in the same conditions or pay back their value.

Article 190

Disposition of real evidence

1. In their final sentence or in that of the dismissal of a case the court or the prosecutor decide what must be done with the real evidence ordering:

a) the objects that have been used or were qualified as means for the commission of the criminal offence and the objects which constitute benefit resulting from the same or given or promised payment for its commission shall be retained and transferred to the state, except when they belong to persons who have been not involved in the commission of the criminal offence.

b) the objects which maintenance or circulation is prohibited shall be delivered to the respective entities or shall be destroyed

c) the objects having no value shall be destroyed

d) the other objects are restituted to the persons that they belong to and, when there are disputes regarding their ownership, shall be preserved until the disputes are resolved by the court.

2. Real evidence may be restituted to the persons they belong even before the termination of the proceedings, provided that solution of the case is not impaired.

SECTION VIII

DOCUMENTS

Article 191

The acquiring of documents

1. There shall be permitted the acquiring of the documents representing facts, persons or objects through photographing, filming, phonographing or any other means.

2. When the original of a document is destroyed, lost or disappeared the copy may be acquired.

3. The documents that constitute real evidence must be acquired whoever be the person who produced or keeps them.

Article 192

Documents regarding personality

1. There shall be permitted the acquiring of certificates regarding criminal record and of the final court sentences to judge upon the personality of the defendant and injured when the fact under proceedings must be evaluated considering their conduct or moral profile.

2. These documents may be also acquired to evaluate the reliability of a witness.

Article 193

The acquiring of minutes of other proceedings

1. There shall be permitted the obtaining of the minutes of other criminal proceedings which have a connection with the safety of evidence administered during the court examination.

2. There shall be permitted the acquiring of minutes of evidence in a civil trial which has ended with a final judgement.

3. There shall be permitted the acquiring of documents of the actions which cannot be repeated.

4. In addition to the cases provided in paragraph 1, 2, and 3 the minutes of the proof may be used in the judicial review in case the parties agree or in case of objections provided by articles 364 and 367.

5. The final decisions may be acquired for questions of evidence related with the existence of the fact, being evaluated along with other evidence.

Article 194

Anonymous documents

1. The documents which constitute anonymous information may neither be obtained nor used, except when they constitute real evidence or when they have been made by the defendant.

Article 195

False documents

1. The court, when on termination of the proceedings come to the conclusion that an acquired document is false, informs the prosecutor and also sends him the document.

Article 196

The translation of the document

1. When a document is acquired as written in a foreign language, the proceeding authority orders its translation.

2. The proceeding authority orders, when necessary, the transcription of the magnetic tape.

Article 197

The issue of copies

1. When orders the acquiring of a document the proceeding authority, upon request of the interested person, may authorise the secretary to issue authenticated copies of the document.

CHAPTER III

THE MEANS OF SEARCHING FOR EVIDENCE

SECTION I

EXAMINATIONS

Article 198

Cases and forms of examination

1. The examination of persons, of the spot and objects is ordered by the proceeding authority when necessary to find out the traces and the other material consequences of the criminal offence.

2. When the criminal offence has left no trace or material consequences or when these have disappeared, are lost, changed or removed the proceeding authority describes the scenary and, when possible, reveals how has it been before the changes and also takes steps to specify the way, the time and the reasons of eventual changes.

3. The proceeding authority may order photographing, filming and any other technical operation.

Article 199

Examination of persons

1. The examination is made by respecting the dignity and, as far as possible, the protection of the person subjected to examination.

2. Before the start of examination, the person to be examined is noted the right to ask the presence of a reliant, provided that he may be found immediately and is proper.

3. The examination may be also conducted by a doctor. In such a case the proceeding authority may choose to not participate in the examination.

4. When necessary for the ascertainment of facts which are important for the case, blood examination and other bodily interventions even without the willingness of the person shall be allowed, provided that no danger occurs to health.

Article 200

Corpse examination

1. Corpse examination is made by the proceeding authority in the presence of a forensic doctor.

2. For the examination of the corpse the judge or the prosecutor may order the exhumation, informing a member of the family of the deceased to participate, except when this participation may impair the scope of examination.

Article 201

Examination of spots and objects

1. The defendant and the one having available the spot on which the examination shall be made or the object to be examined shall be delivered initially the copy of the order for the completion of the examination.

2. In case of spot examination the proceeding authority may order, for motivated reasons, that the attending persons shall not leave before the completion of the examination and to get back forcibly the ones who leave.

SECTION II

INSPECTIONS

Article 202

Circumstances for carrying on inspections

1. When grounded reasons to think that someone hides real evidence of criminal offence or objects belonging to criminal offence exist, the court renders a decision regarding completion of inspection of the person. When these objects are in a certain place inspection of the place or of the house is ordered.

2. The court which has rendered the decision may act itself or order the officers of the judicial police to complete the inspection, as specified in the inspection order.

3. In case of flagrancy or when the escaping person is being traced, which cannot wait until a decision for inspection is rendered, the officers of judicial police shall carry out the inspection of the person or of the spot following the rules provided by article 299.

Article 203

Delivery request

1. When a certain object is being searched for, the proceeding authority may ask its handing.

In case the object is handed, then the inspection is not completed, except when it is considered necessary.

2. In order to specify the objects which may be sequestrated or to reveal specific circumstances, necessary for the investigation, the proceeding authority or its authorised officers of judicial police may inspect the bank operations, documents and correspondence.

Article 204

Inspection of the person

1. Before the completion of inspection of the person, the one to be inspected shall be handed a copy of inspection order, making known the right to ask for the presence of a reliant person, provided that he is found immediately and is appropriate.

2. The inspection is made by respecting the dignity and the defence of the one under inspection.

Article 205

Inspection of spots

1. The defendant, when present, and the one who has the place available shall be handed the copy of inspection order explaining the right to ask for the presence of a reliant person.

2. When the persons indicated in the paragraph 1 are absent, the copy of the order is handed to a relative, a neighbour or a person who works with him.

3. The proceeding authority may inspect present persons when considers that they may hide real evidence or objects belonging to the criminal offence. It may order that the present persons shall not leave before the completion of i