FIRST PART

TITLE V- REMAND ORDERS

CHAPTER I- PERSONAL REMAND ORDERS

SECTION I- GENERAL RULES

Article 227- Classification of personal remand orders

1. Personal remand orders are classified into coercive and prohibitive remand orders.

Article 228- Grounds for issuing personal remand orders

1. No one may be subjected to personal remand orders unless there is a reasonable suspicion against him, based on evidence.

2. No remand order may be enforced where there are grounds of exculpation or cessation of the criminal offence.

3. Personal remand orders are issued when:

a) there are important reasons which put into danger obtaining or truthfulness of evidence;

b) defendant has absconded or there is a danger that he may abscond;

c) due to the circumstances of the act and defendant's personality there is a danger that he may commit serious crimes or other similar criminal offences, with the one he is being prosecuted.

Article 229- Criteria for issuing personal remand orders

1. The court in issuing remand orders shall take into account the appropriateness of each of them with the degree of security needed to be taken in an actual case.

2. Each remand order must be in proportion with the importance of the act and sentence provided for the actual criminal offence. It is taken into account continuity, repetition and also the mitigating and aggravating circumstances provided for by the Criminal Code.

3. When the defendant is a minor, the court takes into account the requirement for an uninterrupted actual educational process.

Article 230- Special criteria for issuing remand in custody order

1. Remand in custody order may be issued only when any other order is inappropriate because of the particular danger posed by the offence and defendant (suspect).

2. No remand in custody order may be issued against a pregnant or suckling woman, a person under particularly grave health conditions or who is above seventy years old or a dragoman or alcoholic, who undergo a therapeutic programme in a special institution.

3. In cases provided for by paragraph 2, remand in custody order may be issued only where there are grounds of a particular importance for crimes punished in maximum with not less than ten years imprisonment.

4. Minors may not be arrested when accused of a criminal contravention.

Article 231- Replacement or joinder of personal remand orders

1. In case of breach of a remand order requirements, the court may order its replacement or joinder with a more severe remand order, taking into account the importance, reasons and circumstances of the breach. In case of breach of restraining remand orders requirements, the court may decide its replacement or joinder with a coercive measure.

FIRST PART

TITLE V- REMAND ORDERS

CHAPTER I- PERSONAL REMAND ORDERS

SECTION II- COERCIVE REMAND ORDERS

Article 238- Remand in custody

1. The court, with the decision of remand in custody, orders judicial police to apprehend the defendant (suspect) and escort him immediately to a pre-detention facility to be held there at the order of the proceeding authority.

2. The period of time under pre-detention shall be taken into account in issuing the sentence.

FIRST PART

TITLE V- REMAND ORDERS

CHAPTER II- ASSIGNING AND ENFORCEMENT OF REMAND ORDERS

Article 245- Decision of the court

1. The decision assigning remand orders stipulates:

a) personal details of the person subject to the remand order or anything else which helps to identify him and, when possible, his whereabouts;

b) a summary description of the facts, stating the articles of the law deemed breached;

c) a presentation of the special grounds and information which legally justify the remand order;

ç) duration of the remand order, where it has been ordered to ensure the truthfulness or obtaining of evidence;

d) date, signature of the presiding judge, assisting secretary and the seal of the court.

FIRST PART

TITLE V- REMAND ORDERS

CHAPTER IV- REVOCATION AND CESSATION OF REMAND ORDERS

Article 260- Revocation and replacement of remand orders

1. Coercive and restraining remand orders are revoked immediately when it is proved that the grounds and criteria for their application are lacking.

2. When security needs are lowered or when the remand order applied does not match up to the importance of the fact or the sentence which may be issued, the court replaces the remand order with another lenient one.

3. When the security needs are elevated, the court on the application of the prosecutor replaces the applied remand order with a more severe one.

4. The application of the prosecutor or defendant for the revocation or replacement of the remand order is heard by the court within five days from its filing. When the case warrants, the court also decides ex-officio during pre-trial admition of evidence or during trial.

Article 261- Cessation of remand orders

1. Remand orders cease when:

a) on the same act and against the same person, the case has been dismissed or a decision of acquittal has been issued;

b) the sentence is quashed or suspended on condition;

c) the duration served under pre-detention is longer than the sentence issued;

d) after the expiry of the time limit provided for under article 245, paragraph 1 letter “ç”, renewal has not been ordered within the boundaries provided for under articles 264 and 267.

2. Pre-detention ordered during preliminary investigations is ceases if the court does not proceed with the interrogation within the time limit provided for under article 248.

3. Cessation of remand orders does not prevent the court or any other authority in carrying out the rights recognised by law in enforcing the supplementary punishments or other restraining orders.

Article 262- Consequences of cessation of remand orders

1. When the arrest ceases, the court immediately releases the person against whom the order has been issued.

2. In case that other remand orders cease, the court decides their immediate removal.

Article 263- Duration of pre-detention

1. Pre-detention ceases if since its execution the following time limits have lapsed without the documents being filed in court:

a) three months, when proceeding for criminal contraventions;

b) six months, when proceeding for crimes sentenced up to ten years of imprisonment;

c) twelve months when proceeding for crimes sentenced to not less than ten years of imprisonment or life imprisonment.

2. The pre-detention ceases if since the date of filing of documents in court, the following time limits have lapsed without a decision being issued in the first instance:

a) two months when proceeding for criminal contraventions;

b) nine months when proceeding for crimes sentenced up to ten years of imprisonment;

c) twelve months when proceeding for crimes sentenced to not less than ten years of imprisonment or life imprisonment.

3. The pre-detention ceases if, since the date of issue of the sentence in the first instance, the following time limits have lapsed, without a decision being issued in the court of appeal:

a) two months when proceeding for criminal contraventions;

b) six months when proceeding for crimes sentenced up to ten years of imprisonment;

c) nine months when proceeding for crimes sentenced to not less than ten years of imprisonment or life imprisonment.

4. In case where the decision is quashed by the Supreme Court and the case is returned to the court of first instance or court of appeal and also where the decision is quashed by the court of appeal and returned to the court of first instance, time limits provided for in each instance of proceeding start to run again from the day of decision in the Supreme Court or Appeal Court.

5. In case where the defendant under pre-detention absconds, time limits start to run again from the time he is placed in pre-detention again.

6. The entire time period of pre-detention, taking also into account the extension of time provided for under article 264, point 2, cannot exceed the following time limits:

a) ten months when proceeding for criminal contraventions;

b) two years when proceeding for crimes sentenced in minimum up to ten years of imprisonment;

c) three years when proceeding for crimes sentenced to not less than ten years of imprisonment or life imprisonment.

7. When at the end of the pre-detention time limit, the prosecutor communicates to the defendant a new charge, which prescribes longer pre-detention time limits than the first charge, he asks the court to assign a new pre-detention time limit. The court decides in judicial session, after hearing the parties.

8. When the new charge relates to a new act, which was unknown at the beginning of the proceedings, the court assigns a new time limit, which starts to run from the beginning, whereas in cases where only the legal classification of the offence changes, the court assigns the remand order, and the time limit start to run based from the previous remand order.

Article 264- Extension of pre-detention

1. When the examination of the defendant’s mental status has been ordered, at any state and stage of the proceedings, the pre-detention time limits are extended with the time assigned for performing the examination. The extension is decided by the court on the request of the prosecutor and after hearing the defence counsel. The decision of the court may be appealed to Court of Appeal or directly to the Supreme Court.

2. During preliminary investigations, the prosecutor may apply for extension of the pre- detention of time limits, which are expiring, where there are important security needs and especially complex verifications which make necessary the extension. The court takes a decision after hearing the prosecutor and defence counsel. Extension may be done once for a period of time which may not exceed three months.

3. The pre-detention time may not exceed half of the maximum punishment provided for the criminal offence under proceeding.

Article 265- Suspension of pre-detention time limits

1. Time limits provided for under article 263 may be suspended by a court decision that can be appealed:

a) for the time the judicial examination is adjourned or postponed because of the unjust acts or requests of the defendant or his defense counsel, except in cases where the request is made to obtain evidence;

b) for the time the judicial examination is adjourned or postponed because of non-appearance or abandonment by one or more defense counsels, who leave one or more defendant without counseling.

Article 266- Provisions in case of release from prison (pre-detention)

1. The court, when the requirements under which the pre-detention was ordered still exist, assigns against the defendant released from detention because of expiry of the time limits, other remand orders if there are the required conditions.

2. Pre-detention, when necessary, may be renewed:

a) When the defendant has intentionally breached the orders issued in connection with a remand order issued based on paragraph 1, but always when the security needs exist.

b) With the conviction, when the security needs provided for under article 228, paragraph 3 exists.

3. With the renewal of the pre-detention, the time limits start to run again but, for the purposes of determining the total pre-detention period, is taken into account the time served under the previous pre-detention.

4. Judicial police officers and agents may detain a defendant who, in breach of orders pursuant to a remand order issued based on paragraph 1, has fled. Provisions on detaining a person suspected of committing a criminal offence, to the extent they are consistent with, are applicable.

Article 267- Maximum time limits of other remand orders

1. Coercive remand orders, otherwise than pre-detention, cease when since the time of their enforcement, has lapsed a time period twice in length of the time limits provided for under article 263.

2. Restraining orders cease when three months have lapsed since their execution. When they have been issued in order not to destroy evidence, the court may order their renewal up to the limits provided for under paragraph 1.

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER III- EXECUTION OF CRIMINAL DECISION

SECTION I- EXECUTION OF FOREIGN CRIMINAL DECISION

Article 515- Coercive measures

1. Upon request of the prosecutor the court that is competent to recognize a foreign sentence may impose a coercive measure to the sentenced person who is in the Albanian territory.

2. The chairman of the court, within five days from the execution of the coercive measure, takes steps regarding the identification of the person and notifies him the right to a defence lawyer.

3. The coercive measure imposed under this article shall be revoked when from the start of its execution have expired three months without being rendered the decision of recognition from the district court or six months without becoming final the decision.

4. Revocation and replacement of the coercive measure is subject to decision of district court.

5. The copy of the decision rendered by the court is notified, after the execution, to the prosecutor, the sentenced from the foreign court and his defence lawyer who may appeal to the court of appeal.

Article 58
Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the
arrest and surrender of the person under Part 9.

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender
shall immediately take steps to arrest the person in question in accordance with its laws and the
provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the
custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person’s rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial
State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial
State shall consider whether, given the gravity of the alleged crimes, there are urgent and
exceptional circumstances to justify interim release and whether necessary safeguards exist to
ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be
open to the competent authority of the custodial State to consider whether the warrant of arrest
was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make
recommendations to the competent authority in the custodial State. The competent authority in
the custodial State shall give full consideration to such recommendations, including any
recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic
reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.