'Appeal against other decisions - 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 II- ASSIGNING AND ENFORCEMENT OF REMAND ORDERS

Article 249- Appeal against remand orders

1. Within ten days from the execution or service of notice of the court decision, which issued or rejected a remand order, the prosecutor, defendant or his defence counselmay appeal to the highest court.

2. In respect of the defendant who has absconded, the time limit starts to run from the date of service of notice according to article 141.

3. The application is filed with the secretariat of the court that issued the decision appealed, which is bound to transmit the documents to the Court which will hear the appeal within 5 days.

4. The prosecutor, defendant and his defence counselare notified on the hearing at least three days before the date specified.

5. The application is heard within 10 days from receiving the documents.

6. The court decides, as the case may warrant, to overrule, alter or approve the decision, even on different grounds from those presented or those stipulated in the reasoning part of the decision.

7. When the decision is not announced or enforced within the specified time limit, the writ, based on which the coercive remand order has been issued becomes void.

8. An appeal may be made to the Supreme Court against the decision of the Court of Appeal for contravention of law.

9. On the expiry of six months from the enforcement of the decision of arrest, the defendant and his defence counsel may appeal to the highest court.

10. The Supreme Court rules on within fifteen days from receiving the documents.

FIRST PART

TITLE V- REMAND ORDERS

CHAPTER VI- PROPERTY REMAND ORDERS

SECTION II- PREVENTIVE SEIZURE

Article 276- The appeal against the decision

1. Whoever has an interest may appeal against the issue or rejection of seizure order.

2. The appeal may be filed within ten days from the issuing of the decision or from the day the interested person received knowledge of the seizure.

3. The appeal is filed with the secretariat of the court which issued the decision.

4. The appeal does not suspend the execution of the order.

5. The court of appeal rules on the appeal within fifteen days from receiving the documents.

6. The court may decide, as the case warrants, the overruling, amending or approval of the decision appealed.

7. When the decision is not announced or executed within the specified time, the decision of seizure ceases to have any effects.

PART II

TITLE VIII- COMPLAINTS

CHAPTER I- GENERAL RULES

Article 410- Complaint of the defendant

1. The defendant may appeal personally or through his defence lawyer. The guardian of the defendant may make any appeal that the defendant is entitled to.

2. The sentence rendered in absentia is subject to the appeal of the defence lawyer only in case he is provided with a power of attorney issued as provided by law.

3. The defendant may withdraw the appeal made by his defence lawyer, but when he is not legally capable the consent of the tutor must be taken.

4. The appeal of the defendant against the sentence or acquittal extends its effects even in that part of the decision that defines the obligation for the restitution of the property, the compensation for the damage and the payment of the court procedure expenses.