'Jurisdiction' in document 'Albania - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

FIRST PART

TITLE II- JURISDICTION AND COMPETENCE

CHAPTER II- COMPETENCE

SECTION I- SUBJECT MATTER (rationae materiae) COMPETENCE

Article 75/a- The jurisdiction of the serious crimes court

The serious crime court tries the crimes provided in Articles 73, 74, 75, 79, letter “c”, and “ç”, 109, 109/b, 110/a, 111, 114/b, 128/b, 219, 220, 221, 230, 230/a, 230/b, 231, 232, 233, 234, 234/a, 234/b, 278/a, 282/a, 283/a, 284/a, 287/a, 333, 333/a and 334 of the Penal Code, by including the cases when they have been performed by subjects that are under the jurisdiction of the military court, or by minors.

FIRST PART

TITLE II- JURISDICTION AND COMPETENCE

CHAPTER II- COMPETENCE

SECTION II- TERRITORIAL JURISDICTION

Article 76- General rules


1. Territorial jurisdiction is determined, in order, by the venue where the criminal offence is committed or is attempted to be committed or the venue where the consequence has occurred.

2. If the venue indicated in paragraph 1 is not known, the jurisdiction belongs, in order, to the court of the residing place or the domicile of the defendant.

3. If the jurisdiction cannot be determined in this way, it belongs to the court where the Prosecution Office which recorded the criminal offence first, is placed.

4. Rules prescribed in the above paragraphs are also applicable during the
preliminary investigations .

FIRST PART

TITLE II- JURISDICTION AND COMPETENCE

CHAPTER II- COMPETENCE

SECTION II- TERRITORIAL JURISDICTION

Article 77- Jurisdiction for criminal offences committed abroad

1. If the offence is committed wholly abroad, the jurisdiction is determined, in order, by the residing place, domicile, and place of arrest or surrender of the defendant. In case of several defendants, the proceedings shall be carried on by the court, which is competent for their biggest number.

2. If it cannot be determined in the ways stipulated in paragraph 1, the jurisdiction belongs to the court where the prosecution office which recorded the criminal offence first, is located.

3. In case where the criminal offence is partly committed abroad, the jurisdiction is determined according to the general rules pertaining to territorial jurisdiction.