Article 5- Restrictions on the personal freedom

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

GENERAL PROVISIONS

Article 6- Right of defense

1.The defendant has the right to present his own defense or with the assistance of a defense counsel. When he has no sufficient means, he is provided with the services of a defense counsel free of charge.

2. The defense counsel shall assist the defendant to have his procedural rights guaranteed and his legitimate interests protected.

GENERAL PROVISIONS

Article 8- Use of Albanian Language

2. Persons who do not know Albanian language shall use their own language and through an interpreter, have the right to speak and to be informed of the evidence, documents (acts) and also on the process of proceeding.

FIRST PART

TITLE I- PARTIES

CHAPTER IV- DEFENDANT (Suspected Person)

Article 34- Becoming a defendant (Suspected person)

1.The person attributed with (the commission of) a criminal offence shall become a defendant (suspected person) by serving notice of the decision of accusation, which stipulates sufficient information for considering him as a defendant. Notice of the decision is served to the defendant and his defense counsel.

If after taking a person as a defendant, new information arise that amend the accusation presented or complement it, the prosecutor takes a decision and notice is served to the defendant.

FIRST PART

TITLE I- Parties

CHAPTER IV- DEFENDANT (Suspected Person)


Article 36- Prohibition to use the defendant statement as testimony

1. Statements made by the defendant during the proceedings cannot be used as testimony.

FIRST PART

TITLE I- Parties

CHAPTER IV- DEFENDANT (Suspected Person)

Article 37-Self-incriminating statements

1. When a person not in the capacity of a defendant (suspected person), makes a statement before the proceeding authority, which provide information on his incrimination, the proceeding authority stops the questioning, and warns him that after the statement an investigation may be conducted against him and ask him to assign a defense counsel. Statements previously made by the person cannot be used against him.

Article 38- General rules on interrogation

FIRST PART

TITLE I- Parties

CHAPTER IV- DEFENDANT (Suspected Person)

1. The defendant (suspected person), even under a custodial remand order or when deprived of freedom for any other ground, shall be interrogated in a free state (not handcuffed), except in cases when measures must taken to prevent the danger of escaping or violence.

2. No methods or techniques, which influence the free will or change the memory and evaluation of facts ability, may be used, even with the consent of the defendant.

3. The defendant, before the interrogation starts, is informed that he has the right not to reply and if he does not reply the proceedings will continue.

FIRST PART

TITLE I- Parties

CHAPTER IV- DEFENDANT (Suspected Person)

Article 39- Interrogation on merit

1.The proceeding authority explains to the defendant (suspected person), in a clear and precise way, the fact attributed to him, tells him the evidence that exist against him and, when investigations are not prejudiced, tells him their sources.

2. The proceeding authority asks him to explain everything that he values useful for his defense and ask him question directly.

3. When the defendant refuses to reply, this shall be stated in the records. When it is necessary, the physical features and eventual specific marks of the defendant are stated in the records.

FIRST PART

TITLE I- Parties

CHAPTER V- DEFENDANT DEFENSE COUNSEL

Article 48- Defense counsel elected by the defendant

1. Defendant has the right to elect not more than two defense counsels.

2. The selection is made by a statement before the proceeding authority or by a document (power of attorney) given or sent by registered mail to the defense counsel.

3. The selection of the defense counsel for a person detained, arrested or convicted to imprisonment, unless he has made his own selection, may be done by his relative in forms provided by paragraph 2.

FIRST PART

TITLE I- Parties

CHAPTER V- DEFENDANT DEFENSE COUNSEL

Article 49- Assigned defense counsel

1. The defendant, who has not elected a defense counsel or who has remained without one, shall be assisted by a defense counsel assigned by the proceeding authority if he requires one.

2. When the defendant is less than eighteen years old or (suffers) from physical or mental impairment that hinders him into exercising his own right of defense, the assistance of a defense counsel is mandatory.

3. The Directing Counsel of the Bar Association makes available to the proceeding authorities the lists of the defense counsels and determines the criteria of their assigning.

4. When the court, prosecutor and judicial police, must carry on an action which stipulates for the assistance of a defense counsel and the defendant has no defense counsel, they serve notice of the action to the assigned defense counsel.

5. When the presence of the defense counsel is required and the elected or assigned defense counsel is not provided, does not appear or has withdrawn from the defense, the court or prosecutor assigns another defense counsel in substitution, who exercises the rights and undertakes the obligations of the defense counsel.

6. The assigned defense counsel may be substituted only for lawful reasons. He shall quit (exercising) his functions when the defendant elects his defense counsel.

7. When the defendant has no sufficient means, the defense expenses shall be covered by the state.

Article 50- Extension of the defendant’s rights to the defense counsel

2. The defense counsel has the right to communicate freely and one to one with the person detained, arrested or convicted, to have prior notice of the investigative actions conducted in the presence of the defendant and to participate in them, to ask questions to the defendant, witnesses and experts, to have access to all the materials of the case at the conclusion of the investigations.

FIRST PART

TITLE III- DOCUMENTS, NOTICES AND TIME LIMITS

CHAPTER I- DOCUMENTS (ACTS)

SECTION IV- TRANSLATION OF DOCUMENTS

Article 123- Assigning an interpreter

1. A defendant who does not know Albanian language has the right to be assisted by an interpreter free of charge in order to understand the charge and to follow the actions he participates in. He is bound to make a written statement through the interpreter that he does not know Albanian language.

2. The proceeding authority also assigns an interpreter when a written document must be translated into a foreign language.

3. The interpreter is also assigned when the court, prosecutor or judicial police officer, knows the language which must be translated .

PART II

TITLE VI- PRELIMINARY INVESTIGATIONS

CHAPTER V- ACTIONS OF PROSECUTOR

Article 309
Assigning and assistance of defence counsel

1. The defendant who has no defence counsel is notified by the prosecutor that he shall be assisted by a defence counsel assigned ex-officio.

2. The defence counsel elected or assigned ex-officio receives at least twenty-four hours prior notice when proceeding with interrogation, examination or confrontation. When delay may damage the proceedings, the notice to the defence counsel is served urgently.

3. Records of the actions performed by the prosecutor and judicial police, which the defence counsel has the right to attend, are filed with the prosecution office secretariat within three days from performing the action, with the defence counsel having the right to examine and make copies of them.

PART II

TITLE VII- THE TRIAL

CHAPTER II- THE COURT EXAMINATION

SECTION I- GENERAL RULES

Article 344- The presence of the defendant in the hearing

1. The defendant participates in the hearing as a free person even when he is detained, except
when it is necessary to take measures to prevent the escape or violence.

2. The defendant who, due to his behaviour hinders the normal performance of the hearing even having been warned shall be expelled from the court room by order of the chairman.

3. The expelled defendant is deemed to be present and is represented by the defence lawyer. He can be readmitted to enter the courtroom in any time.

4. The absence of the defendant as a result of expulsion and has not accepted to have a defence counsel, does not prevent the hearing to be held. In this case a defence counsel is assigned ex officio and the trial continues. The defendant or the defence counsel assigned by him may be admitted in court at any time.

PART II

TITLE VII- THE TRIAL

CHAPTER II- THE COURT EXAMINATION

SECTION III - THE TAKING OF EVIDENCE

Article 361- Examination of witnesses

1. The questioning of the witnesses is made directly by the prosecutor or the defence lawyer or attorney who has demanded the questioning. After this, the questioning continues by the parties, in order.

2. The one who has demanded the questioning may ask questions even after the other parties have terminated theirs.

3. Questions are prohibited that influence negatively the impartiality of the witness or that intend to suggest the answers.

4. The presiding judge may permit the witness to look at the documents prepared by the witness in order to help his memory.

5. The questioning of juvenile witnesses may be performed by the presiding judge, upon the parties’ requests and objections. The presiding judge may be assisted by a member of the juvenile’s family or by an expert of child education. When it is considered that the direct questioning of the juvenile does not harm his psychological condition, the presiding judge orders the continuation of the questioning according to the provisions of paragraphs 1 and 2. The order may be revoked during the questioning.

6. During the questioning of the witness the presiding judge may ask questions and, when appropriate, intervene to insure orderly questioning, the truthfulness of the answers, the accuracy of the interrogations and objections, as well as to guarantee respect for the person.

7. The witness may be interrogated at a distance, in the country or abroad, through audiovisual connection, in compliance with rules stipulated in international agreements and provisions of this Code. The person authorized by the Court remains at the witness’s location, certifies his/her identity, and ensures the correct process of interrogation and of the implementation of protective measures. These actions are recorded in a report.

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER I- EXTRADITION

SECTION I- EXTRADITION ABROAD

Article 496- Right of the person under coercive measure to be heard

1. In case a precautionary measure is imposed, the court, as soon as possible and anyway not later than five days after the execution of the measure or its evaluation, makes sure of the identity of the person and takes its eventual consent for extradition, noting this in the minutes.

2. The court makes known to the interested person the right to a defence lawyer and, ex- officio, if he is absent, can appoint another defence lawyer. The defence lawyer must be notified, at least twenty-four hours before for the above-mentioned actions and has the right to participate in them.

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER III- EXECUTION OF CRIMINAL DECISION

SECTION I- EXECUTION OF FOREIGN CRIMINAL DECISION

Article 514- Terms of recognition

1. The foreign court sentence may not be recognized when:

c) the sentence has been not rendered by an independent and impartial court or the defendant has been not cited to appeal before the trial or has been not recognized the right to be questioned in a language that he understands and to be assisted by a defence lawyer

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.