'Rights during investigation - informed of belief that crime has been committed' in document 'Albania - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 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.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
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