Republic of Albania national procedures for mutual legal assistance in criminal matters States Parties are requested to fill

l in this table with the necessary information and return it to the Secretariat of the PC-OC. The information contained in this table should be updated on a yearly basis. Central Authority: Ministry of Justice Directorate of Foreign Jurisdictional Relations Address: Blv. Zog I, Postal Code: 256, Tirana, Albania Tel& Fax: +355 4 2228359 Tel: +355 4 2259388 ext: 2066, 2012, 2014, 2010 In accordance with Article 24 and for the purposes of the Convention, the Republic of Albania considers the following to be as the judicial authorities: The Supreme Court The Courts of Appeal The Courts of First Instance The General Prosecutor Office The Prosecutor Offices at the Courts of Appeals The Prosecutor Offices at the Courts of First Instance. The Albanian language is preferred, otherwise English would be accepted.

The competent authority (name of the institution, address, telephone, fax and e-mail where available) responsible for rendering mutual legal assistance:

Language requirements:

1-3 months. Time limits:

Documentation required:

a) The authority making the request, b) The object (purpose) of and the reason for the request, c) Where possible, the identity and the nationality of the person concerned - against whom criminal proceedings have been initiated d) Legal qualification of the investigated offence, a copy of the relevant text of the Penal Code, which envisages the offence and a summary of the facts. e) The explicit list of the requested procedural actions Judicial Proceedings: 1. The foreign letter of application cannot be executed unless the court of the place where it must be proceeded has rendered a favourable decision rendered. 2. The district prosecutor, after taking the acts from the Minister of Justice, submits his request to the court. 3. The court disposes of the execution of the letter of application by a decision. 4. The execution of the letter of applications not accepted: a) in cases the Minister of Justice does not grant support to the letter of application b) When the fact for which the foreign authority proceeds is not provided as a criminal offence by the Albanian law. Execution of rogatory letters: 1. The decision for the execution of the letter of application shall appoint the panel that must carry out the requested action. 2. For the performance of the requested actions the provisions of this Code shall apply, except in case the special rules requested by the foreign judicial authority, which are not in contrary with the

List of possible actions sought:

principles of the Albanian rule of law, must be observed. Summoning witnesses requested by the foreign authority: The citation of the witnesses, residing in the territory of the Albanian state, to appear before the foreign judicial authority, are sent to the prosecutor of respective district, who takes measures for the notification, acting as in case of notification of the defendant in free condition.

Double criminality required. Double criminality requirement, if applicable:

Statutes of limitation for special offences, if applicable:

Limitation obtained:

of

use

of

evidence

No limitations, unless actions are taken in contrary with the principles of the Albanian rule of law.

Means of communication:

1. Through central authority: The Ministry of Justice (Directorate of Foreign Jurisdictional Relations). 2. Through diplomatic channels: Ministry of Foreign Affairs. (The use of the diplomatic channel is not excluded, and has been applied). 3. Through direct contacts: According to the Declaration contained in the instrument of ratification deposited on 4 April 2000: The Albanian legislation provides that in accordance with Article 15 paragraph 6, a copy of all requests for assistance which are communicated directly between judicial authorities as well as accompanying acts shall be transmitted at the same time to its Ministry of Justice; According to Article 509 of the Albanian CPC, in urgent cases, the proceeding authority (General Prosecutor's Office) can decide to send directly the rogatory letter to the requested state, while informing at the same time the Minister of Justice. See national legislation attached to this template.

Other particularly relevant information (such as national legislation, national guides on procedure, links to national web sites):

Ministry of Justice web site: www.justice.gov.al General Prosecution Office web site: www.pp.gov.al

ARTICLES OF THE ALBANIAN CRIMINAL CODE ON MUTUAL LEGAL ASSISTANCE CHAPTER II INTERNATIONAL REGATORY LETTERS SECTION I REGATORY LETTERS FROM ABROAD

Article 505 Ministry of Justice Powers 1. The Minister of Justice decides to grant support to a letter of application of a foreign authority regarding communications, notifications and the taking of proofs, except when evaluates that the requested actions impair the sovereignty, the security and important interests of the state. 2. The Minister does not grant support to the letter of application when it is certain that the requested actions are prohibited expressly by law or contradict the fundamental principles of the Albanian rule of law. The Minister does not grant support to the letter of application when there are motivated reasons to think that the considerations regarding race, religion, sex, nationality, language, political beliefs or the social state may cause a negative influence to the performance of the process, and when it is certain that the defendant has expressed freely his consent for the letter of application. 3. In cases the letter of application has as subject the summons of the witness, expert or a defendant before a foreign judicial authority, the Minister of Justice does not grant support to the letter of application when the requesting state does not give sufficient guarantee for the unencroachment of the cited person. 4. The Minister has the right to not grant support to the letter of application in case the requesting state does not give the necessary guarantee of reciprocity. Article 506 Judicial Proceedings 1. The foreign letter of application cannot be executed unless the court of the place where he must be proceeded has rendered a favourable decision rendered. 2. The district prosecutor, after taking the acts from the Minister of Justice, submits his request to the court. 3. The court disposes of the execution of the letter of application by a decision. 4. The execution of the letter of applications not accepted: a) in cases the Minister of Justice does not grant support to the letter of application b) when the fact for which the foreign authority proceeds is not provided as a criminal offence by the Albanian law. Article 507 Execution of letters rogatory 1. The decision for the execution of the letter of application shall appoint the panel that must carry out the requested action. 2. For the performance of the requested actions the provisions of this Code shall apply, except in case the special rules requested by the foreign judicial authority, which are not in contrary with the principles of the Albanian rule of law, must be observed. Article 508 Summoning witnesses requested by the foreign authority

1. The citation of the witnesses, residing in the territory of the Albanian state, to appear before the foreign judicial authority, are sent to the prosecutor of respective district, who takes measures for the notification, acting as in case of notification of the defendant in free condition. SECTION II LETTERS ROGATORY FOR ABROAD Article 509 Service of letters rogatory to foreign authorities 1. The letters of application of the courts and prosecution offices, addressed to foreign authorities for notification and the taking of the proofs, shall be sent to the Minster of Justice who takes the measures to send them through diplomatic channel. 2. When ascertains that the security or other important interests of the state could be in danger the Minister, within thirty days from the reception of the letter of application, decides to give it up. 3. The Minister communicates to the proceeding authority that has presented the request, the date of its reception and the notification that he has sent the letter of application or the order to give up the procedure in relation to the letter. 4. In case of urgency the proceeding authority may order the sending of the letter of application through diplomatic channel informing the Minister of Justice. Article 510 Inviolability of the person summoned 1. The person summoned on basis of the letter of application, when appears, may not be subjected to restrictions of personal freedom due to facts occurred before the writ of summons. 2. The un-encrochement provided by paragraph 1 shall cease when the witness, the expert or the defendant, even having the possibility, has not left the territory of the Albanian state, after the expiration of fifteen days from the moment his presence is no longer requested by the judicial authority or when, after has left, he has come back voluntarily. Article 511 Value of the documents received through letter rogatory 1. When the foreign country has imposed conditions for the usage of the requested acts, the Albanian proceeding authority must respect them in case they do not run against the prohibitions provided by law.

CHAPTER VIII CESSATION OF CRIMINAL PROSECUTION, PUNISHMENTS, AND THEIR NON-EXECUTION Article 66 Statute of limitations for criminal prosecution Criminal prosecution shall not be conducted if, from the moment the act was committed until the moment that the person is held defendant, have elapsed: a) twenty years on offences for which the law provides sentences of no lower than ten years of imprisonment or other heavier punishment. b) ten years on offences for which the law provides sentences between five and ten years of imprisonment; c) five years on offences for which the law provides sentences up to five years of imprisonment or fine; ) three years for criminal contraventions which provide sentences up to two years of imprisonment; d) two years for criminal contraventions which provide fines. Article 67 Non-operation of the statute of limitations on criminal prosecution There is no statute of limitation operative for the criminal prosecution against war crimes and crimes against humanity. Article 68 Statute of limitations on the execution of sentences The sentence is not executed if from the day it became final have elapsed: a) twenty years for imprisonment sentences between fifteen to twenty-five years; b) ten years for imprisonment sentences between five to fifteen years; c) five years for imprisonment sentences of up to five years or other lighter sentences.