'Rights during trial - examine witnesses' in document 'Albania - Organization and functioning of the courts for serious crimes'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Article 8- Questioning of witnesses

The courts for serious crimes and the courts of appeal for serious crimes may permit that questioning of witnesses, as well as confrontations and permissible readings be performed under the following rules, either together or separately:

a) in the presence of the defendant and the defence attorney, but without visual contact;

b) without communicating to the defendant and the defence attorney the identity of the witness;

c) in certain other cases and ways, determined according to the legislation on the protection of witnesses and justice collaborators.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute