Albania

Criminal Procedure Code of the Republic of Albania

FIRST PART

TITLE IV – EVIDENCE

CHAPTER II- TYPES OF EVIDENCE

SECTION IV- IDENTIFICATIONS

Article 171- Identification of persons

1. When the need arises to conduct the identification of a person, the proceeding authority invites the one who must do the identification to describe the person (to be identified), telling all the signs he remembers and asking him whether he has been previously summoned to do the identification and also about other circumstances, which may contribute to the accuracy of identification.

2. Actions provided for by paragraph 1 and statements made by the person who does the identification are entered in the records.

3. Non compliance with the provisions of paragraph 1 and 2 is a cause for the invalidity of identification.

Article 172- Performing identification

1. The proceeding authority, after taking away the person that will do the identification, ensures the presence of at least two persons looking as alike as possible to the person to be identified. It invites the latter to choose his place in relation to others, taking care to be portrayed, as much as possible, in the same circumstances under which would have been seen by the person called to do the identification. After the person who will do the identification appears, the court asks him whether he knows anyone of those presented for identification, and if yes, it invites him to show whom he knows and to specify whether he is sure.

2. When there are reasons to think that the person called to do the identification, may get scared or to have other influences by the presence of the person to be identified, the proceeding authority orders the act to be performed without the latter seeing the former.

3. The records state the mode of performing the identification otherwise it is invalid as a consequence. The proceeding authority may order, for purposes of documentation, that the performance of identification be photographed or filmed.

Keywords

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



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