'Reduction of national sentence following pre-trial detention - national proceedings' in document 'Albania - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

FIRST PART

TITLE V- REMAND ORDERS

CHAPTER I- PERSONAL REMAND ORDERS

SECTION II- COERCIVE REMAND ORDERS

Article 238- Remand in custody

1. The court, with the decision of remand in custody, orders judicial police to apprehend the defendant (suspect) and escort him immediately to a pre-detention facility to be held there at the order of the proceeding authority.

2. The period of time under pre-detention shall be taken into account in issuing the sentence.

PART II

TITLE I X- EXECUTION OF SENTENCES

CHAPTER I- PUTTING IN MOTION EXECUTION OF SENTENCES

Article 465- Calculation of the pre-detention period and sentence served

1. In imposing the length of imprisonment the prosecutor shall assess the period of detention served for the same offence or for another criminal offence, the served period of punishment to imprisonment for another criminal offence when the punishment is revoked or when for the criminal offence has been awarded amnesty or pardon.

2. In any case the assessment shall comprise the period of detention or the punishment served after the commission of the criminal offence subject to the imposition of the punishment to be executed.

3. After making the assessments the prosecutor issues the order which is notified to the sentenced and his defence lawyer.