Criminal Procedure Code at Albania
The Code of Criminal Procedure of the Republic of Albania, approved by Law No. 7905 on March 21, 1995, and amended up to Law No. 147/2020 of December 17, 2020, governs the criminal justice process in Albania. The latest consolidated version of this code was published on January 13, 2021, and entered into force on January 29, 2021. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905/1995 of March 21, 1995, and amended up to Law No. 147/2020 of December 17, 2020), Albania, WIPO Lex)
Key Features of the Albanian Criminal Procedure Code
General Provisions: The code outlines the role of criminal procedural legislation, emphasizing the protection of personal freedoms and the lawful rights and interests of citizens. It mandates the use of the Albanian language in all proceedings and ensures the provision of defense, the presumption of innocence, and the prohibition of re-trying the same offense. (WIPO Lex)
Parties Involved: The code defines the roles and functions of various parties, including the court, prosecutor, judicial police, defense lawyer, and the injured party. It specifies the competencies and composition of courts, as well as the procedures for challenges and recusals of judges. (Language in 'Albania - Criminal Procedure Code 1995 (2017) EN', WIPO Lex)
Jurisdiction and Competency: It details the jurisdiction of courts, including the serious crimes court, and the rules governing the joinder of connected proceedings. The code also addresses issues related to incompetence and the procedural steps to be taken in such cases. (WIPO Lex)
Trial Procedures: The code outlines the stages of a criminal trial, including the preliminary actions, taking of evidence, and rendering of sentences. It provides guidelines for the conduct of hearings, the examination of witnesses and experts, and the correction of errors in judgments. (WIPO Lex)
Execution of Decisions: It specifies the procedures for the execution of criminal decisions, including the enforcement of sentences abroad and the conditions under which foreign court decisions may be recognized in Albania.
Accessing the Full Text
WIPO Lex: The World Intellectual Property Organization (WIPO) provides the consolidated version of the Code of Criminal Procedure in English and Albanian. You can access it here. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905/1995 of March 21, 1995, and amended up to Law No. 147/2020 of December 17, 2020), Albania, WIPO Lex)
Prosecution Office of Albania: The official website of the Prosecution Office offers various versions of the code, including updates from 2017 and 2014. These are available for download here. (Code of Criminal Procedure)
UNHCR: The United Nations High Commissioner for Refugees provides an English translation of the Criminal Procedure Code as amended on March 21, 1999. This document can be accessed here. (National Legislative Bodies / National Authorities (Author), published by UNHCR – UN High Commissioner for Refugees: “Criminal Procedure Code of the Republic of Albania”, Document #1412685 - ecoi.net)
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