'Direct execution of requests on State territory' in document 'Albania - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER III- EXECUTION OF CRIMINAL DECISION

SECTION I- EXECUTION OF FOREIGN CRIMINAL DECISION

Article 518- Execution of the foreign decision

1. After being recognised, the criminal sentences of foreign courts are enforced in conformity to Albanian law.

2. The prosecutor in the court which has made the recognition of a sentence takes the measures for its execution.

3. The sentence by imprisonment served in the foreign country is calculated for the effects of the execution.

4. The sum deriving from the execution of the fine penalty is paid into the bank of Albania. It may be paid into the state where the sentence is rendered, upon its request when that state, under the same circumstances should have decided the payment to be executed into the favour of the Albanian state.

5.The confiscated objects shall be delivered to the Albanian state. They are delivered, upon its request, to the state where the decision subject to recognition is rendered when this state is under the same circumstances should have decided the delivery in the Albanian state.

RELEVANT ROME STATUTE PROVISIONS

Article 99
Execution of requests under articles 93 and 96
4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:
(a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;
(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.