'Genocide' in document 'Albania - Organization and functioning of the courts for serious crimes'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Article 1- Purpose

The purpose of this law is the organization and functioning of the courts for serious crime, with the aim of increasing the effectiveness of the fight against organized crime and serious crimes and improving the quality of their adjudication.

Article 5- Competencies of the courts for serious crimes

1. The courts for serious crimes and the courts of appeal for serious crimes judge, in the first and second instances, on criminal acts that are provided in article 75 (a) of the Code of Criminal Procedure.

2. When during the trial the legal character of the criminal act changes and for this reason the jurisdiction belongs to another court, the trial continues and is completed by the court for serious crimes while applying the provisions of the Code of Criminal Procedure.

3. The court for serious crimes and the court of appeal for serious crimes review requests and complaints of the parties which have been made during the preliminary investigations on matters for which they have jurisdiction. The determination and evaluation of the security measures for cases of arrest in the act and of arrest of the suspect can be made by a judge of the judicial district where the criminal act was committed or where the detention took place.

RELEVANT ROME STATUTE PROVISIONS

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(a) The crime of genocide

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.