'National procedures re enforcement of sentences imposed' in document 'Albania - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PROVISIONS

Article 5- Restrictions on the personal freedom

3. Persons convicted to imprisonment are ensured of human treatment and moral rehabilitation.

PART II

TITLE I X- EXECUTION OF SENTENCES

CHAPTER I- PUTTING IN MOTION EXECUTION OF SENTENCES

Article 462- Executable decisions

1. The sentence of the court is brought for enforcement immediately after becoming final.

2. The decision of acquittal, exclusion of the tried from the punishment and that of dismissal are brought for enforcement immediately after the announcement.

3. The sentenced to death is entitled to present request for petition for mercy to the President of the Republic. The submission of the request suspends the execution.
The case is reported to the President of the Republic, even ex-officio from the court where the decision has become final.

4. The way of execution of the sentences is regulated by special law.

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER III- EXECUTION OF CRIMINAL DECISION

SECTION I- EXECUTION OF FOREIGN CRIMINAL DECISION

Article 516- Issuing the decision

1. When recognises a foreign sentence the court determines the punishment to be served in the Albanian state. It converts the punishment imposed in the foreign sentence into one of the sentences provided for the same fact by the Albanian law. This punishment shall be similar as a nature with that which is rendered by the foreign sentenced. The duration of the sentence may not exceed the maximal limit provided for the same fact by the Albanian law.

2. When the foreign sentence does not specify the duration of the sentence, the court provides it on basis of criteria indicated in the Criminal Code.

3. When the execution of the sentence rendered in the foreign state is suspended on parole the court, by the decision of recognition, in addition to other issues, does also dispose of the suspension on parole of the sentence. The same does the court when the defendant has been released on parole in the foreign country.

4. In order to specify the punishment by fine, the sum specified in the foreign sentence shall be converted in equal value into Albanian currency, observing the exchange rate of the day on which the recognition has been provided.

5. The decision of recognition regarding the execution of a confiscation shall also order the execution of the confiscation.