'Rights during trial - interpretation and translation' in document 'Albania - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 III- DOCUMENTS, NOTICES AND TIME LIMITS

CHAPTER I- DOCUMENTS (ACTS)

SECTION I- GENERAL RULES

Article 98- Language of acts


1. Criminal procedural documents are made in Albanian language.

2. The person who does not speak Albanian language is questioned in his native tongue and records are kept also in this language. Procedural documents provided on his application are translated in the same language.

3. Breach of these rules causes the documents to be invalid.

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 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

RELEVANT ROME STATUTE PROVISIONS

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:
(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