Albania

Criminal Procedure Code of the Republic of Albania

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.

Keywords

Appeal against other decisions - national proceedings



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