Albania

Criminal Procedure Code of the Republic of Albania

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION II- INTERROGATION OF DEFENDANT AND PRIVATE PARTIES

Article 167- Questioning of a defendant in a connected proceeding

1. Persons held as defendants in a connected proceeding, who are or were prosecuted separately, are questioned on the request of the party or ex-officio.
2. They are obliged to appear before the court, which, when necessary, orders their compulsory appearance. Provisions relevant to summoning of witnesses shall apply.
3. Persons stipulated in paragraph 1 are assisted by the elected defence counsel and, in his absence, by a defence counsel assigned ex-officio.
4. Prior to questioning, the court informs the persons stipulated under paragraph 1 that they have the right not to answer.
5. Provisions of the above paragraphs shall also apply during preliminary investigations to persons who are defendants in a criminal offence connected to the one under proceeding.

Article 167/a- The interrogation in distance of a person taken as defendant in a
related/linked proceeding or who suffers the sentence abroad

The defendant in a related proceeding, who is already proceeded or who suffers the sentence abroad for another crime, when the extradition is refused, may be interrogated in a distance, through audiovisual connection, according to the international agreements, provided that the foreign state guarantees the participation of the defense lawyer of the defendant in the place where the interrogation will take place.

Article 168- Questioning of private parties

1. Provisions provided for under articles 153, 154, 157, paragraph 2 and 363 are applicable to questioning of private parties.

2. When the party refuses to answer a question, it is so stipulated in the records.

Keywords

Other forms of cooperation
Cooperation under procedures of national law
National procedures for execution of requests for other forms of cooperation
Questioning of persons - national proceedings



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