'Enforcement of national penalties - fines' in document 'Albania - Criminal Procedure Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II

TITLE VII- THE TRIAL

CHAPTER II- THE COURT EXAMINATION

SECTION III- CONVICTION

Article 392- Obligation to pay the fine

1. When the convicted person does not have an income or assets that may be seized, the court charges the one that is civilly liable for the obligations of the defendant to pay an amount equal to the fine.

PART II

TITLE I X- EXECUTION OF SENTENCES

CHAPTER I- PUTTING IN MOTION EXECUTION OF SENTENCES

Article 467- Execution of a fine sentence

1. The decisions comprising the fine penalty are executed by the bailiff’s office.

2. When it is proven that the execution of the fine or of a part of it is impossible the prosecutor demands from the court that has rendered the decision to make the conversion. Upon request of the punished the court may postpone the conversion up to six months. This period is not assessed in the time periods of the prescription.

3. The decision of conversion is subject to appeal, which suspends its execution.

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.