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CRIMINAL PROCEDURAL CODE OF THE REPUBLIC OF ALBANIA

GENERAL PROVISIONS

Article 1

Role of criminal procedural legislation

1. The main role of criminal procedural legislation is to provide a fair, equal and due legal process, to protect the individuals' freedoms, the rights and the legal interests of the citizens, to contribute to the strengthening of the rule of law and to the application of the Constitution and laws ruling the country.

Article 2

Respectability of procedural provisions

1. The procedural provisions define the rules of the carrying on of criminal proceedings, investigations and the trying of criminal offences as well as the execution of the criminal sentences. These rules shall be compulsory for the subjects of the criminal proceedings, state authorities and citizens.

Article 3

Independence of the court

1. The court is independent and renders decisions in conformity to the law.

2. The court renders decisions upon evidence examined and revealed in the hearing.

Article 4

Presumption of innocence

1. The defendant shall be presumed innocent unless his guilt is proven by a final court sentence. Any uncertainty related to the accusation shall be considered in the favour of the defendant.

Article 5

Restrictions to an individual's liberty

1. The liberty of an individual may be restricted by means of precautionary measures only in cases and forms provided by law.

2. No one may be subjected to torture, punishment or cruel treatment.

3. A person sentenced to imprisonment shall be provided human treatment and moral rehabilitation.

Article 6

Provision of defence

1. A defendant is entitled to self defence or to defence by a defence lawyer. In case of insufficient means, he shall be provided legal aid.

2. A defence lawyer shall assist the defendant to have all procedural rights guaranteed and his legitimate interests protected.

Article 7

Prohibition of retrying the same offence

1. No one may be tried again for the same criminal offence for which he has been tried by a final sentence, except when the competent court has decided the re-trial of the case.

Article 8

Use of albanian language

1. In all stages of the proceedings the albanian language shall be used.

2. Persons who do not know albanian shall use their mother tongue and, by assistance of an interpreter, enjoy the right to speak and to be informed of the evidence and acts and of the conduct of the proceedings.

Article 9

Reinstatement of the rights

1. Individuals who are proceeded against the law or who are convicted unfairly shall have their rights reinstated and shall be compensated for the injury undergone.

Article 10

Application of international conventions

1. The relations with foreign authorities in criminal matters shall be governed by international conventions recognized by the Albanian government, by generally admitted principles and standards of international public law and also by the provisions of this code.

F I R S T P A R T

TITLE I

S U B J E C T S

CHAPTER I

The Court

Section I

Competency and composition of the courts

Article 11

Competency of the court

1. The court is the organ which provides justice.

2. No one may be found guilty and be convicted for the commission of a criminal offence without a court sentence.

Article 12

Criminal Courts

The criminal justice is provided by:

a) the first instance criminal courts;

b) the courts of appeal;

c) the Court of Cassation.

Article 13

First instance criminal courts and their composition

1. Criminal offences are tried, in the first instance, by the district and military courts, in panel, in conformity to the rules provided by this code.

2. The district and the military courts try in panel consisting of three judges, when crimes are involved, and by a judge and two assistant judges when criminal contraventions are involved. The trial for juveniles is held by judges who are qualified for these trials and who has been especially and additionally assigned this task.

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Article 14

The courts of appeal and their composition

1. The civil court of appeal tries, in second instance, by three judges, the cases tried by the district courts.

2. The military court of appeal tries, in the second instance, by three judges, the cases tried by the military courts.

SECTION II

INCOMPATIBILITY WITH THE FUNCTION OF A JUDGE IN TRIAL

Article 15

Incompatibility due to participation in the proceedings.

1. The judge who has rendered or has participated to the rendering of the decision in one of the instances of the proceedings may not exercise the functions of a judge in other ones and may not participate in a retrial in case of annulment of the decision.

2. It may not participate to a trial the judge who has assessed the precautionary measures or any other request of the prosecutor presented during the preliminary investigation of the same proceedings.

3. The one who has exercised the functions of the prosecutor or has conducted operations of the judicial police or has been a defence lawyer, an attorney of one of the parties or a witness, expert or has presented an information, complaint, request for proceedings or has rendered or participated to the rendering of the decision authorizing the initiation of an action may not exercise the function of a judge in the same proceedings.

Article 16

Incompatibility due to family, blood or in-law relation

1.There may not participate as judges in the same proceedings the persons who, amongst them or with the participants in the trial, are spouses, close blood relatives ( antecedents, descendants, sisters, brothers, uncles, aunts, nephews, nieces, children of sisters and brothers) or close affinity(mother- in- law, father-in-law, son- in-law, daughter -in-law, sister-in-law , brother-in-law, godfather, godmother, stepmother, stepfather)

Article 17

Resignation

1. A judge has to resign from a concrete case:

a) when he has an interest in the proceedings or when one of the private parties or a defence lawyer is a debtor or creditor of his, of his spouse or of his children;

b) when he is a tutor, an attorney or an employer of the defendant or of one of the private parties or when the defence lawyer or the attorney of one of these parties is a close relative of his or of his spouse;

c) when he has provided any advise or has expressed any opinion about the proceedings in question;

d) when disputes between him, his spouse or any of his close relatives with the defendant or one of the private parties exist;

e) when any of his own or his spouse's relatives has been impaired or injured from the criminal offence;

f) when any of his relatives or of his spouse is exercising or has exercised the functions of the prosecutor in a proceedings;

g) when he is under one of the conditions of incompatibility provided by articles 15 and16 and

h) when other important reasons of partiallity exist.

2.The statement of resignation shall be submitted to the president of the respective court.

Article 18

Challenge of the judge

1. The parties may ask the challenge of the judge:

a) in cases provided by article 15, 16 and 17;

b) when during the exercise of the functions and before the decision is rendered he has given his opinion about the facts or circumstances subject to proceedings.

2. The judge may not make or participate in the making of a decision until the decisa decision unaccepting or rejecting the challenge is made.

Article 19

Time-limits and forms of challenge

1. The request challenging the judge is presented in the audience immediately after the legitimation of the parties.

2. In case the cause for challenge is found while the legitimation of the parties has expired, the request must be presented within three days from the observation. In case the cause has come about or has been observed during the audience, the request of challenge must be presented before the closure of the hearing.

3. The request comprises the causes and the evidence and it is submitted in writing. It is presented to the secretary of the competent court along with the other documents. A copy of the request is handed to the judge subject to challenge.

4. If the parties do not submit the request personally, then it may be submitted by the defence lawyer or an authorised attorney. The power of attorney must explain the reasons of the challenge, otherwise it shall not be accepted.

Article 20

Competition between resignation and challenge

1. Request for challenge is deemed null and void in case the judge even after its submission announces his renouncement and this is approved.

Article 21

Competency to decide on the challenge

1. The request for the challenge of the judge of district court, military court or court for serious crimes is under discretion of the court of appeal; the one for a judge of the court of appeal is under discretion of a college of the same court, provided that the judge under challenge is not a member of this one.

The decision may be appealed.

2. The request for challenge of a judge of the Court of Cassation is under discretion of a college of this court, provided that the judge under challenge is not a member of this one. The decision is final.

3. The request for challenge of judges appointed to decide upon challenge shall be not accepted.

Article 22

Decision regarding request for challenge

1.In case the request for challenge is submitted by someone who was not entitled to this right or without respecting the time-limits or forms provided by article 20 or when the causes are not grounded on the law, the court that examines the request is entitled to not accept it by rendering a decision.

2.The court may suspend temporarily any procedural conduct or impose restrictions in urgent operations.

3.After collecting the necessary data the court decides upon request for challenge.

4.The decision rendered under the paragraphs hereto shall be notified to the judge under request for challenge, to the prosecutor, to the defendant and to the private parties. The decision may be appealed to the Court of Cassation.

Article 23

Provisions when the statement of resignation and the request for challenge are accepted.

1. In case the resignation and the request for challenge are accepted the said judge may not complete any proceeding operations.

2. The act accepting the statement of resignation or the request for challenge shall consider whether the operations previously performed by the judge subject to resignation or challenge are valid and at what an extent the validity stands.

3. The provisions regarding resignation and challenge of the judge shall also apply to the secretary of audience and to the persons appointed to make transcriptions or phonographic or audio-visual reproduction. Their resignation or challenge is under discretion of the court trying the case.

C H A P T E R I I

P R O S E C U T O R

Article 24

Functions of the prosecutor

1. The prosecutor conducts the criminal prosecution, carries on investigations, controls the preliminary investigations, brings accusation before the courts and represents it in conformity with the rules provided by this Code. The orders and instructions of the superior prosecutor are compulsory to the inferior prosecutor.

2. The prosecutor has the discretion to decide whether to not initiate or dismiss the criminal actions in cases provided by this code.

3. In case no lawsuit or authorization to proceed is required, the criminal prosecution can be exercised ex-ufficio.

4. The orders and instructions of a superior prosecutor are compulsory for the inferior prosecutor.

Article 25

Exercise of the functions of prosecutor

1. The function of the prosecutor shall be exercised :

a) during the preliminary investigations and during the trials of the first instance- by the prosecutors in the first instance courts;

b) during the trials of appealed cases- by the prosecutors in the courts of appeal and in the Court of Cassation.

2. The superior Prosecutor is entitled to exercise the competency of the inferior prosecutor.

3. Prosecutor is independent in exercising his functions in the hearing.

Article 26

Resignation of the prosecutor

1. The prosecutor must resign when there are reasons of partiallity as provided by article 17.

2. The statement of resignation is subject to decision of the chief prosecutor in the first instance court, of the chief prosecutor in the court of appeal and the Attorney General, as per rank order. For the chief prosecutors the decision is rendered by the superior chief prosecutors.

3. The decision accepting the statement of resignation shall provide the replacement of the resigned prosecutor by another prosecutor.

Article 27

Cases of replacement of the prosecutor

1. The chief prosecutor shall decide the replacement of the prosecutor when there are serious reasons related to the function and also in cases provided by Article 17, Paragraph 1, Letters " a,b,d and e". In other cases the prosecutor shall be substituted only with his consent.

2. In case the chief of the prosecution office does not decide even though there are cases provided by Paragraph 1, the substitute prosecutor is ordered by the Attorney General.

3. The rules provided for the renouncement and the substitution of the prosecutor shall also apply to the officer of the judicial police.

Article 28

The transfer of acts to another prosecution office

1. When during the preliminary investigations the prosecutor considers that the criminal offence is under the competence of a court different from that in which he exercises his functions, he shall immediately transfer the acts to the prosecution office in the competent court.

2. In case the prosecutor considers that the prosecution office to proceed is the one which has transferred the acts, he shall inform the Attorney General who, after examining the acts, shall determine which prosecution office must proceed and shall notify the concerned prosecution offices.

3. Investigation made before the transfer or the determination made in accordance with the paragraph 1 and 2 shall be valid and may be used in cases and forms provided by law.

Article 29

The requesting of the acts from another prosecution office

1. When a prosecutor is informed that in another prosecution office preliminary investigations are simultaneously being performed against the same charged person and for the same fact, related with the one he is proceeding for, he shall immediately inform that prosecution office, requesting the delivery of the acts.

2. If the prosecutor who has received the request does not agree with it, he shall inform the Attorney General who, after having received the necessary data shall decide, in conformity to the rules applicable to court competency, which of the prosecution offices must proceed and notifies the interested prosecution offices. The assigned prosecution office shall be immediately sent the acts from the other prosecution office.

3. The acts of the preliminary investigations, carried on by various prosecution offices shall be used in cases and forms provided by law.

C H A P T E R III

JUDICIAL POLICE

Article 30

Functions of the judicial police

1. The judicial police, even ex- officio, must become aware of the criminal offences, in order to prevent ulterior consequences, to search for their authors, to carry on investigations and to collect everything which contributes to the application of the criminal law.

2. The judicial police carries on any investigation operations which are assigned or delegated by the prosecutor.

3. The functions provided by paragraphs 1 and 2 are carried on by the officers and the agents of the judicial police.

Article 31

Services and sections of the judicial police

1. The functions of the judicial police shall be carried on:

a. By the officers and the agents of the judicial police pertaining to the organs entitled by the law to carry on investigations from the moment they are informed a criminal offence has been committed;

b. By the sections of the judicial police set up in any district prosecution office and consisting of a personnel of the judicial police;

c. By the services of the judicial police provided by law.

Article 32

Officers and agents of the judicial police

1. There are officers of the judicial police:

a. The chiefs, inspectors and other members of the Police of the Ministry of Interior, who are recognized this capacity by the law;

b. The officers of the Military Police, Financial Police, Forestal Police and any other police forces recognised by law who are recognized such a capacity by the law

2. There are agents of the judicial police:

a. The personnel of the Police of the Ministry of Interior, who are recognised such a capacity by the law ;

b. The personnel of the Military Police, Financial Police and of any other police recognised by law, when on duty.

3. There are also officers and agents of the judicial police, within the competencies of the service they have been given and in accordance with the respective attributes, the persons who are recognised by law the functions provided by article 31.

Article 33

Subordination of the judicial police

1. The sections of the judicial police are subordinated by the chiefs of the district prosecution offices.

2. The officer of the judicial police is responsible before the district prosecutor for the activity carried on by himself or his subordinates.

3. The officers and the agents of the judicial police are obliged to carry on the tasks. The members of the sections may not be removed from the activity of the judicial police without the approval of the Attorney General.

4. The personnel of the sections are available to the courts and the prosecution offices which may use also any services of the judicial police.

C H A P T E R I V

THE DEFENDANT

Article 34

Becoming a defendant

1. A defendant shall become the person who has been charged a criminal offence by the act of notification of accusation which must give sufficient evidence to be held as a defendant. This act must be notified to the defendant and to his defence lawyer.

2.The status of the defendant shall be retained at any stage and instant of the proceedings until the decision of the cessation, acquittal or punishment becomes final.

3. The status of the defendant shall be renewed when the decision of the cessation is rendered null and void or when a retrial shall be decided.

Article 35

Assistance provided to the juvenile defendant

1. The juvenile defendant shall be provided legal and psychological assistance at any stage and instance of the proceedings by the presents of the parents or other persons requested by a juvenile and accepted by the proceeding.

Authority.

2. The proceeding authority may carry on actions and compile acts for which is required the participation of the juvenile without the presence of the persons indicated in the paragraph 1 only when this is in the interest of the juvenile or when the delay may impair seriously the proceedings, but always in the presence of the defence lawyer.

Article 36

Prohibition to use the statements of the defendant as testimony

1.The statements made by the defendant during the proceedings may not be used as testimony.

Article 37

Self-incriminating statements

1. When a person not being held as defendant, before the proceeding authorities, makes self- incriminating statements, then the proceeding authority interrupts the interrogation forewarning him that after these statements there may be initiated investigation against him and invites him to appoint a defence lawyer. The previous statements may not be used against the person who has made them.

Article 38

General rules applying to interrogation

1. Even when isolated by precautionary measures or when deprived from liberty for any other cause, the defendant shall be interrogated in a free state, except when necessary to take measures to prevent the escape or violation.

2. It may not be used, even with the consent of the person under interrogation, methods or technics to influence upon the free willingness or to modify the capacity of the memory related to the evaluation of the facts.

3. Before the interrogation starts the defendant is explained his right to silence and that even if he fails to speak, the proceedings shall continue the same.

Article 39

The interrogation on merits

1. The proceeding authority explains to the defendant, clearly and in detail, the fact which has been attributed, makes him familiar with the evidence against him and , when the investigations are not impaired, indicates their sources.

2. The proceeding authority invites him to explain everything helpful for his defence and interrogates him face to face.

3. When the defendant refuses to respond, this shall be noted in the minutes. In the minutes shall be also noted, when necessary, the physical features and eventual specific marks.

Article 40

Revelation of personal identity of the defendant

1. As the defendant appears, the proceeding authority invites him to state the personal data and anything else which may be useful to his identification, forewarning him for the consequences to the one who refuses to give his personal data or gives false ones, except when this statement implies self culpability.

2. Failure to attribute the defendant his real personal data shall not hinder the carrying on of actions from the proceeding authority, when the physical identity of the person is certain .

3.Wrong personal data attributed to the defendant are corrected by decision of the proceeding authority.

Article 41

Verification of the age of the defendant

1. In any stage and instance of the proceedings, when there are reasons to believe that the defendant is a juvenile, the proceeding authority makes the necessary verifications and, if necessary, orders the expertise.

2.When even after the verification and the expertise there are still doubts regarding the age of the defendant it is presumed that he is a juvenile.

Article 42

Verifications on the personality of the defendant juvenile

1. The proceeding authority collects information on the personal , familiar and social life conditions of the defendant juvenile intending to reveal the responsibility and its extent to evaluate the social importance of the fact and also to impose suitable criminal measures.

2. The proceeding authority collect information from persons who have had relations with the juvenile and hears the opinion of the experts.

Article 43

Verifications on the responsibility of the defendant

1.When there are reasons to believe that due to mental sickness caused after the occurrence the defendant is not able to participate consciously in the proceedings, the court shall order, even ex-officio, the expertise.

2. During the expertise is continuing, the court, upon request of the defence lawyer, assumes the evidence which may lead to the innocence of the defendant and, when the delay brings danger, any other evidence requested by the parties.

3. When the necessity of the definition of the responsibility arises during the preliminary investigations the expertise is ordered by the prosecutor, ex-ufficio or upon request of the defendant or his defence lawyer. Meanwhile, the prosecutors carries on only the actions which do not require the conscious participation of the defendant. When the delay brings danger, there may be assumed evidence only in cases provided for the incident of the proof.

Article 44

The suspension of the proceedings due to irresponsibility of the defendant

1.When it results that the mental conditions of the defendant hinders his conscious participation in the proceedings, the proceeding organ decides the suspension of the proceedings, but still when it must not be decided the acquittal or cessation. By the decision of the suspension the proceeding authority appoints a special tutor to the defendant, who are given the rights of a legal attorney.

2. The decision of the suspension is subject to appeal in the Court of Cassation from by the prosecutor the defendant or his defence lawyer.

3. The suspension does not hinder the proceeding authority to acquire evidence which may lead to the acquittal of the defendant and, when the delay brings danger, any other evidence requested by the parties. In the actions which must be carried on about the personality of the defendant and also in those that the defendant is entitled to be present his special tutor shall participate.

Article 45

Revocation of the decision of suspension

1. The decision of suspension is revoked when it results that the mental condition of the defendant allows his conscious participation in the proceedings or when the defendant must be found innocent or the case must be ceased.

Article 46

Compulsory medical measures

1.In any case that the mental condition of the defendant indicates that he must treated, the court decides, even ex-officio, the hospitalisation of the defendant in a psychiatric institution.

2. When it is decided or it must be decided the compulsory medical measure for the defendant, the court orders that the defendant is preserved in the psychiatric institution.

3. During the preliminary investigation the prosecutor asks from the court to decide the hospitalisation of the defendant in a psychiatric institution and, when the delay brings danger, orders the temporary hospitalisation until the court renders the decision.

Article 47

The death of the defendant

1. When it results the death of the defendant the proceeding authority in any stage and instance of the proceeding, after hearing the defence lawyer decides the cessation of the case.

2.The decision does not hinder the exercise of the prosecution for the same fact and against the same person when after it is proven that he has not died.

C H A P T E R V

THE DEFENCE LAWYER OF THE DEFENDANT

Article 48

The defence lawyer chosen by the defendant

1. The defendant has the right to chose not more than two defence lawyers.

2. The selection is made by a statement before the proceeding authority or by an act delivered to the defence lawyer or mailed to him by registered letter.

3. The selection of the defence lawyer for the detained, arrested or imprisoned person, unless he has made the selection , may be provided by a relative in forms provided by paragraph 2.

Article 49

The appointed defence lawyer

1.The defendant who has not selected a defence lawyer or who has remained without him shall be assisted by a defence lawyer appointed by the proceeding organ if he requires him.

2. When the defendant is under eighteen years old or with psychic or physical defects unabling him to self defence, the assistance of a defence lawyer is compulsory.

3. The board of the bar chamber shall make available to the proceeding authorities the lists of the lawyers and sets up the criteria of their appointment.

4. The court, the prosecutor and the judicial police when must carry on operations requiring the assistance of the defence lawyer or the defendant has not got any, shall notify the appointed defence lawyer the operations in question.

5. When the presence of the defence lawyer is required and the selected or appointed defence lawyer has not been provided, has not been presented or has abandoned the defence the court or the prosecutor appoints another lawyer as substitute, who shall exercise the rights and shall assume the obligations of the defence lawyer.

6. The appointed defence lawyer may be substituted only for lawful reasons. He shall loose the functions when the defendant shall select his defence lawyer.

7. When the defendant does not have sufficient income the expenses for the defence shall be covered by the state.

Article 50

Extension of the rights of the defendant to the defence lawyer.

1. The defence lawyer has the rights the law recognises the defendant, except those reserved personally to this latter.

2. The defence lawyer has the right to freely and face to face communicate with the detained, arrested or the punished, to be notified beforehand for the carring on of the investigations where the defendant is present and to participate in them, to ask questions to the defendant, witnesses and experts, to get familiar with all the materials of the case on termination of the investigations.

3.The defendant may render null and void, by expressed statement, the action carried on by the defence lawyer before a decision is rendered by the court in relation to this action.

Article 51

Substitution of the defence lawyer

1.The defence lawyer, in case of hindrance and as long as it exists, with the consent of the defendant, may appoint a substitute.

2. The substitute shall exercise the rights and shall assume the obligations of the defence lawyer.

Article 52

The guarantees of the defence lawyer

1. The inspection and searches in the office of the defence lawyer are permitted only:

a) when he or other persons who continuously work in the same office are defendant and only with intention to prove the criminal offence attributed to them;

b) to search the traces or the material proofs of the criminal offence or to search for belongings or persons provided by specific rules.

2. Before inspecting, searching or sequestring in the office of the defence lawyer the proceeding authorities inform the board of bar chamber in order that one of his members is able to be present during the operations.

In any case a copy of the act is send to the board of the bar chamber.

3. The searches, inspections and sequestration in the office of the defence lawyers are made personally by the judge, whereas during the preliminary investigations they are made by the prosecutor provided with an authorising decision of the judge.

4. There is not permitted the interception of the conversations or communication of the defence lawyers and their assistants neither between each other nor with their clients.

5. It is prohibited any form of control of the correspondence between the defendant and his defence lawyer.

6. The results of the searches, inspections, sequestration, interceptions of conversation or communication made in violation of the above provisions, except as provided by paragraph 2, may not be used.

Article 53

Conversation of the defence lawyer with the detained defendant

1. The person arrested in the commission or the detained has the right to consult his defence lawyer immediately after the arrest or the detention.

2. The detained defendant has the right to consult his defence lawyer since the moment of the execution of the precautionary measure.

Article 54

The defence of several defendants by a defence lawyer

1. The defence of several defendant may be undertaken by a common defence lawyer provided that amongst the defendant there are no conflicts of interests.

2. The proceeding authority when ascertains conflict of interest of the defendants states it by means of a decision and makes the necessary substitution.

Article 55

Refusal, renouncement or revocation of the defence lawyer

1.The defence lawyer who does not accept the task he has been trusted or renounces, notifies immediately the proceeding authority and the one who has appointed.

2. Refusal is effective from the moment when it is communicated to the proceeding authority.

3.The renouncement does not have effect until the party is assisted with a reliant new lawyer or with a lawyer appointed ex-ufficio and until the time limit which might have been fixed to the substitute lawyer to get familiar with the acts and the evidence has expired.

4.The provision of the paragraph 3 shall also apply to the revocation.

5. The renouncement of the attorney of the plaintiff and the civilly sued person shall not in any case hinder the continuation of the proceedings.

Article 56

The responsibility in case of abandonment or refusal of the defence

1. The proceeding authority informs the board of the bar chamber the cases of abandonment, refusal of the defence and the violation of the reliance.

2. The board of the bar chamber has the right to impose disciplinary measures in case of abandonment or refusal of the defence appointed ex-ufficio.

3. When the board considers the abandonment or the refusal justified because of violations of the rights of the defence, the disciplinary measure shall not be imposed even if the violation of the defence is not recognized by the court.

Article 57

The time-limit provided to the substitute defence lawyer

1. In cases of renouncement, revocation and conflict of interests of the defendants, the new lawyer of the defendant or the one appointed as substitute shall be provided an adequate time to get familiar with the acts and evidence.

C H A P T E R V I

THE INJURED, PLAINTIFF AND CIVILLY SUED

Article 58

The rights of the person injured by the criminal offence

1.The person injured by the criminal offences or his successors have the right to ask the prosecution of the guilty and the compensation of the damage.

2. The injured person who does not have legal capacity shall exercise the rights recognized by law through his legal attorney.

Article 59

The injured accuser

1. The one who is injured by criminal offences provided by articles 90, 91, 92, 112/1, 119, 120, 121, 122, 125, 127, 148, 149 and 254 of the Criminal Code has the right to submit a request to the court and to participate in the trial as a party to prove the accusation and to ask for the compensation of the damage.

2. The prosecutor participates in the trial of these cases and, accordingly, demands the punishment of the defendant or his innocence.

Article 60

The request of the injured accuser

1.The request for trial made by the injured accuser shall be deposited in the secretary of the court and must comprise, by consequence of objection:

a) the personal data of the injured accused

b) the personal data of the accused person

c) the name and the family name of the attorney and the power of attorney

d) exposition of the reasons that motivate the request

e) The signing by the injured accuser or his attorney

2. The request must be notified to the person who is attributed the criminal offence.

Article 61

The lawsuit in the criminal proceedings

1. The one who has undergone material damage by the criminal offence or his successors may bring a civil lawsuit in the criminal proceedings against the defendant of the civilly sued to ask for the restitution of the property and the compensation of the damage.

Article 62

The time-limit for the constituency of the civil plaintiff

1. The constituency of the civil plaintiff may be made by the proceeding authority until the judicial examination has not started.

2. The time-limit provided by paragraph 1 may not be prolonged.

Article 63

The guarantee of the civil lawsuit

1. In order to guarantee the restitution of the property and the compensation of the damage, upon request of the civil plaintiff, the proceeding authority may impose the sequestration of the property of the defendant of the civilly sued. This measure shall retain until the termination of the case.

Article 64

Renouncement from the judgement of the civil lawsuit

1. The renouncement from the judgement of the civil lawsuit may be made in any stage and instance of the proceedings by means of a statement made personally by the plaintiff or by his attorney in the sitting or through a written act deposited in the secretary of the court and notified to the other parties.

2. In case the civil plaintiff does not presents the conclusions in the final discussion or when brings a lawsuit before the civil court it is deemed that he has renounced from the judgement of the civil lawsuit.

3. When there is a renouncement from the judgement of the lawsuit as provided by article 1 and 2, the criminal court may not recognize the expenses and damage caused to the defendant and to the sued from the intervention of the civil plaintiff. The lawsuit for the indemnification and disbursement may be brought before the civil court.

4. The renouncement does not hinder the bringing of the lawsuit before the civil court.

Article 65

The summons of the civilly sued

1. The one who is civilly responsible for the offence committed by the defendant may be summoned in the criminal proceedings upon request of the civil plaintiff. The defendant who has been acquitted or whose case has been ceased may be summoned as civilly sued for the offences of the other co-defendants.

2. The request for the summons of the civilly sued must be made before the start of court examination.

3. The summons is ordered by a writ of the court.

Article 66

The voluntary intervention of the civil plaintiff

1. When it is made the constituency of the civil plaintiff, the civilly sued, by written request, may intervene voluntarily into the proceedings until the judicial review has not started. The court shall decide upon the request after hearing the parties.

2. The time-limit provided by paragraph 1 may not be prolonged.

3. The intervention of the civilly suit shall loose the effects in case of renouncement from the judgement of the civil lawsuit.

Article 67

The attorney of the private parties

1. The injured accuser, the civil plaintiff and the civilly sued have the right to be represented in the proceedings through an attorney provided with a power of attorney.

2. The address of the injured accuser, plaintiff and the civilly sued is deemed, to any procedural effect, to be that of the attorney.

3. The attorney, in case of hindrance and as long as it lasts, with the consent of the represented person, may appoint a substitute.

Article 68

The provision of the civil lawsuit

1. The court, as the case may be, accepts entirely or partly the civil lawsuit or rejects it.

2. When the decision of acquittal is rendered because the fact is not provided as a criminal offence or when the criminal case is ceased by a decision, the civil lawsuit shall remain unexamined.

3. When the civil lawsuit in the criminal proceedings is rejected it may not be brought again before the civil court.

T I T L E I I

JURISDICTION AND COMPETENCY

C H A P T E R O N E

J U R I S D I C T I O N

Article 69

Criminal jurisdiction

1. Criminal jurisdiction is exercised from the criminal courts under the rules provided by this code.

2. The criminal court examines everything which is necessary to make a decision and it decides under the rules provided by law.

Article 70

Effects of the criminal decision to civil and administrative judgement

1. A final criminal decision is compulsory for the court examining the civil consequences of the offence only regarding the fact whether the criminal offence has been committed and whether it is committed by the tried person.

2. The criminal decision occasionally resolving a fact connected with a civil, administrative or criminal case shall not have a compulsory effect in any other trial.

Article 71

Consequences of civil and administrative proceedings to the criminal proceedings

1.The final civil decision is compulsory for the court trying the criminal case only regarding the fact whether the offence has occurred or not, but not what concerns the guilt of the defendant.

2.When the criminal decision depends on the solution of a dispute regarding the family status or the citizenship for which a proceedings before the competent court has started, the criminal court may decide even ex-ufficio the suspension of the judicial examination until the dispute is resolved by a final decision. The suspension does not hinder the carrying out of the urgent actions.

Article 72

Absence of jurisdiction

1. The question of absence of jurisdiction is raised, even ex-ufficio, in any stage and instance of the trial.

The court renders a decision and, when the case is, orders the transfer of the acts to the competent authority.

2. When the absence of jurisdiction is raised during the preliminary investigations the proceeding prosecutor shall decide the transfer of the acts to the competent court in order that this decides.

Article 73

Disputes regarding jurisdiction

1. When there are disputes regarding jurisdiction, the court which raises them renders a decision transferring them along with the copy of the acts necessary for its solution to the Court of Cassation, indicating the parties and the defence lawyers.

2. There shall apply the provisions of the section IV of the chapter II of this title.

C H A P T E R II

C O M P E T E N C I E S

SECTION I

Substantial competency

Article 74

The competencies of the district court

1. The district court is competent to try the criminal offences except those which are under the competency of the military court.

2. For cases under his competency the judge shall observe all of the rules this code provides for the court.

Article 75

The competencies of the military court

1. The military court tries the military men for military criminal offences, war prisoners or other persons provided by law.

S E C T I O N I I

TERRITORIAL COMPETENCY

Article 76

General rules

1. The territorial competency is determinated, orderly, by the place where the criminal offence has been committed or attempted or by the place where the consequence has come about.

2. In case the place indicated in the paragraph 1 is not known, the competency belongs, orderly, to the court of the residing place or the domicile of the defendant.

3. If even this way it may not be determined, the competency shall belong to the court of the place where the prosecution office which has been the first to register the criminal offence is located.

4. The rules provided by the paragraphs hereinof shall also apply during the preliminary investigations.

Article 77

The competency for criminal offences committed abroad

1. In case the criminal offence has been entirely committed abroad the competency shall be determined, orderly, by the residing place, domicile, the place of arrest or of the surrender of the defendant. When there are many defendants, then it shall proceed the court which is competent for their majority.

2. In case the competency may not be determined by the rules indicated in the paragraph 1, it shall belong to the court of the place where the prosecution office which has been the first to register the criminal offence is located.

3. In case the criminal offence is partly committed abroad, the competencies shall be determined under the general rules of the territorial competency.

Article 78

The competency to proceed judges and prosecutors

1. The proceedings in which a judge or a prosecutor becomes defendant or injured from the criminal offence which, according to the rules of this chapter would be within the competency of a court of a district where the judge or the prosecutor exercises their functions or did exercise in the moment of the occurrence shall be under the competency of the court which has the substantial competency and which is located in the centre of another neighbouring district, except when in this district the judge or the prosecutor has come after to exercise his functions. In the last case the competent shall be the court of another district nearer it, in which the judge or the prosecutor did exercise the functions in the moment of the commission of the criminal offence.

S E C T I O N I I I

COMPETENCY DUE TO JOINDER OF CONNECTED PROCEEDINGS

Article 79

Cases of the joinder of the proceedings

1.There is a joinder of the proceedings when:

a) the criminal offence under the proceedings has been committed by several persons in co-operation amongst them or when several persons independently have committed it.

b) a person is accused for several offences committed by a single commission or omission or for some commissions or omissions to achieve a single criminal intention.

c) a person is accused for several offences, some of which committed to commit or to hide the others or to provide unlawful profits or failure of punishment to the guilty or to the others.

Article 80

Joinder of proceedings which are under the competency of different courts.

1. In case some of proceedings connected amongst them are under the competency of a civil court whereas the others under the military court, competent court for all of them is the latter.

Article 81

Limits of a joinder in case of criminal offences committed by juveniles

1. When some of the proceedings connected amongst them are under the competence of ordinary court whereas the others under the court that tries cases when juveniles are involved competent for all of the proceedings shall be the latter, except for cases when prosecutor and the court consider that they must be separate.

2. When at the time of the trial the defendant is an adult, but one or several offences have been committed by him when he was a juvenile, the case shall be tried by the court handling cases with juveniles.

Article 82

Territorial competency specified by the connection of the proceedings

1. Territorial competence for connected proceedings, for which several courts have the same substantial competence, belongs to the competent court for the most serious criminal offence and if the offences are equally serious, to the competent court for the offence recorded the first.

2. Crimes are considered more serious than contravention. Amongst the crimes or amongst the contravention shall be considered as most serious the criminal offence for which is provided a longer maximal punishment or, when the maximums are equal, the longer minimum punishment. In case there are provided punishments to imprisonment and to fine, the punishment to fine shall be considered only when the punishments to imprisonment are equal.

S E C T I O N I V

DISPOSITIONS DUE TO INCOMPETENCY

Article 83

Incompetency

1. Substantial incompetence is raised, even ex-officio, in any stage and instance of the proceedings.

2. Territorial incompetence and that deriving from the joinder of the proceedings due to a connection may be raised or rejected only before the judicial review has started.

Article 84

Incompetency announced during the preliminary investigations

1. When during the preliminary investigations or at their termination the prosecutor ascertains his incompetency for any reasons, he decides the transfer of the acts to the prosecutor in the competent court.

Article 85

Incompetency declared in the first instance trial

1. If in the first instance trial the court considers that the proceedings is under the competency of another court, it shall declare its incompetence for any reasons by decision and shall order the transfer of the acts to the competent court.

Article 86

The decision of the court of appeal and the Court of Cassation regarding competency

1. The court of appeal, when ascertains that the first instance court has been not competent, shall cancel the appealed decision and shall transfer the case to the competent court.

2. The decision of the Court of Cassation regarding competency is compulsory, except when new facts leading to a different legal definition making competent a superior court, appear.

Article 87

The evidence taken by an incompetent court

1. Failure to observe the provisions regarding the competence does not produce nullity of the assumed evidence.

2. Statements made before the court which did not have substantial competency, if repeated, may be used only to object the content of the deposition.

Article 88

Precautionary measures imposed by the incompetent court

1. The precautionary measures imposed by the court which in the meantime or after is declared incompetent for any reasons, shall become ineffective, if the competent court, within ten days from the receipt of the acts, does not decide for the precautionary measures.

S E C T I O N V

DISPUTES REGARDING COMPETENCY

Article 89

Cases of disputes

1. There are disputes, in any stage and instance of the proceedings, when two or more courts at the same time receive or does not accept to examine the same accusation attributed to the same person.

2. The disputes during preliminary investigations shall be resolved by the superior prosecutor.

3. There may not be expounded any dispute on the territorial competency due to connection of the proceedings during preliminary investigations.

Article 90

The presentation of the dispute

1. The dispute may be presenteded by the prosecutor in any of the courts subject todispute or by the defendant and private parties. The presentation is submitted to the secretary of one of the courts subject to dispute by a written and motivated request, which is enclosed the necessary documents.

2. The disputes arising during the preliminary investigations shall be resolved by the superior prosecutor.

3. The court raising the dispute shall render a decision by which orders the submission to the Court of Cassation of the copy of the acts necessary for its solution, indicating the parties and the defence lawyers.

4. The court that has rendered the decision shall immediately notify the court subject to dispute.

Article 91

Solution of the disputes

1. The disputes are resolved by a decision of the Court of Cassation. The court examines data, acts and documents that it considers as necessary.

2. The decision is notified immediately to the courts in dispute, to the relevant prosecution offices, to the defendant and private parties.

S E C T I O N V I

JOINDER AND SEPARATION OF CASES

Article 92

Joinder of cases

1. The joinder of cases which stand at the same stage and instance before the same court may be decided, if the speed of their solution is not impaired:

a) In cases provided by article 79;

b) In cases of criminal offences committed by several persons damaging each other;

c) In cases when the prove of a criminal offence or of an its circumstance influence on the proof of another criminal offence or of an its circumstance.

Article 93

Separation of cases

1. The separation of cases is decided even ex-officio but when the verification of facts is not damaged:

a) the proceedings where one or more defendants or one or more accusation are involved are suspended

b) one or more defendants have not appeared before the trial because of the nulity of the writ of summons, of the innocent ignorance of the writ of summons or for lawful reasons or because of lawful hindrances

c) one or more defence lawyers have failed to appear before the trial because of failure of notification or lawful hindrances.

d) the judicial examination for one or more defendants or one or more accusations is complete, whereas for the other defendants or for other accusations other operations are needed.

2. In addition to cases provided by paragraph 1, the separation may be also ordered by agreement of parties when the court considers it as necessary to accelerate the process.

S E C T I O N V I I I

TRANSFER OF THE CASE

Article 94

Causes of transfer

1. In any stage and instance of the trial, when public security or freedom of willingness of the persons who participate in the process are impaired by serious local events which may damage the performance of the process and which may not be avoided by other means, the Court of Cassation, upon motivated request of the prosecutor in the proceeding court or of the request of the defendant, shall transfer the case to another court, assigned according to article 76.

Article 95

Request for transfer

1. The request of transfer is filed, along with the connected documents, to the secretary of the competent court and is notified within seven days to the other parties.

2. The request of the defendant is signed by him personally or by a special attorney of him

3. The court transfers immediately the request, along with other documents and eventual remarks, to the Court of Cassation.

4. Failure to respect the forms and time -limits provided by paragraph 1 and 2 constitutes a reason for non-acceptance of the request

Article 96

Effects of the request

1. The submission of the request of the transfer does not suspend the trial, but the court may not terminate the case until a decision acceptaning or rejecting the request is rendered.

2. The Court of Cassation may decide the suspension of the trial. The suspension does not hinder the carrying on of immediate actions.

Article 97

Decision regarding request of transfer

1. The Court of Cassation after taking the necessary data, decides in the consulting room, in absence of the parties.

2. The decision accepting the request is notified to the court which was proceeding and to the court that shall be appointed to try it. The court which was proceeding, transfers immediately the acts to the appointed court and orders the notification of the decision of the Court of Cassation to the prosecutor, defendant and private parties.

3. The court appointed by the Court of Cassation states by a decision whether the carried out actions are still valid and the extent of such a validity.

T I T L E I I I

ACTS, NOTIFICATIONS AND TIME- LIMITS

C H A P T E R I

ACTS

S E C T I O N I

GENERAL RULES

Article 98

Language of acts

1. Criminal procedural acts are made in albanian language.

2. The person who does not speak albanian is interrogated in his mother's tongue and the minutes is kept also in this language. Into the same language there are translated the procedural acts given to him upon his request.

3. Infringements of these rules render the act null and void.

Article 99

The signing of the acts

1. When it is required the signing of an act, unless the law does otherwise provide, it is sufficient the hand-writing of the name and the family name of the said person at the foot of the act.

2. The signing put in by mechanical means or by symbols differing from the writing are null and void .

3. When the person is not able to sign, the clerk receiving the written act or filing the oral act, ascertains the identity of the person and writes down this fact at the foot of the act in the presence of the third persons.

Article 100

Date of the acts

1. When the law requires the date of an act, in the act are indicated the day, the month, the year and the place where the act is done. The indication of the time is required only when provided expressly.

2. When it is provided that an act is deemed null and void because the date has been not indicated, this rule applies only to the case when the date may not be precisely given under the elements to be contained by an act or by other acts connected with it.

Article 101

Replacement of the original act

1. When the original of a procedural act is damaged, is lost or disappeared and for various reasons is not found, the authenticated and certified copy has the value of the original and is put in the place when the original was.

2. For this reason, the court even ex-ufficio orders by decision the person who keeps a copy to deliver it to the secretary.

Article 102

The remaking of the acts

1. When the replacement of the act may not be done, the court even ex-ufficio, verifies the content of the missing act and orders whether it may be remade or not and in what way it must be remade.

2. When the draft of the missing act exists, this is remade on its bases, provided that one of the judges who have signed, certifies that it has been authentic with the draft.

Article 103

Prohibition to publication of an act

1.There is prohibited the publication, even partly, of the secret acts connected with the case or even only their content by means or press or mass-media.

2. It is prohibited the publication, even partly, of the acts which are not secret until the termination of the preliminary investigations.

3. It is prohibited the publication, even partly, of the acts of judicial examination when the hearing is held in camera. Prohibition to publication is cancelled when the time-limits provided by law for state archives expire or when the time-limit of ten years from the date that the decision has become final has expired, provided that the publication is authorised by the Minister of Justice.

4. It is prohibited the publication of the personal data and photographs of the defendants and of juvenile witnesses accused or damaged from the criminal

offence. The court may permit the publication only when this is in the interest of the juvenile or when the juvenile has reached the age of sixteen.

Article 104

Violation of prohibition to publication

1. The violation of prohibition to publication performed by a state employee or a public entity, if does not constitute a criminal offence, is a disciplinary violation. In this case the prosecutor notifies the organ entitled to disciplinary measures.

Article 105

The receiving of copies, excerpts and certificates

1. During the proceedings and after its termination any interested person may get, on his expenses, copies, excerpts or certificates of specific acts.

2. The request is examined by the prosecutor , for the acts of the preliminary investigation, or by the court which has rendered the decision for those of the judicial examination.

3. The issue of copies, excerpts or certificates does not cease the prohibition to publication.

Article 106

The request of the prosecutor for copies of the acts and for information.

1. The prosecutor has the right, when necessary to make investigations, to ask from the court, even in cases of secrecy, copies of acts connected with other criminal offences he prosecutes and also written information regarding their content.

2. The court shall without delay give an answer to the request or rejects it by motivated decision.

3. The provisions of paragraph 1 and 2 apply to also the requests made by the Minister of Interior and the Chief of Information Service, when they need copies of the acts and information in order to prevent criminal offences.

Article 107

The participation of the deaf, dumb and deaf and dumb

in the making of procedural acts

1. When the deaf, dumb and deaf and dumb want or must give explanations, this is made as following:

a) The deaf are made the questions and forewarning in writing and he shall answer orally.

b) The dumb are asked the questions and the forewarning orally and he replies in writing.

c) The deaf and dumb are presented the questions and the forewarning in writing and he replies in writing.

2. In case the deaf, the dumb or the deaf and dumb are not able to read or write the proceeding authority shall appoint one or more interpreters selected amongst the persons who have the skill to communicate with them.

Article 108

The witnesses in the procedural acts

1. There may not be witnesses for the certifying of the content of a procedural act:

a) Juveniles up to fourteen years old and the persons who evidently are mentally sick or who are in a serious state of drunkenness or poisoning by drugs and psychotrops.

b) Persons under precautionary measures.

Article 109

The power of attorney applicable for specific procedural acts

1. When the law permits that the act is made through a special attorney, the power of attorney is made by a notarial act or by a private letter certified by competent authorities, otherwise it is not accepted, and shall comprise, in addition to the data specifically required by law, the definition of the object for which it is given and of the facts it has been referred to. The power of attorney is attached to the acts.

2. The power of attorney issued by state authorities must have the signature of the responsible and the seal of the authority.

Article 110

Memories and requests of parties

1. The parties and their attorneys have the right, in any stage and instance of the proceedings, to present memories and written requests.

2. The proceeding authority renders a decision within fifteen days.

Article 111

Statements and requests of the detained persons

1. The person held in custody has the right to present complaints, requests and statements through the director of the institution, who issues a document certifying that they have been handed. They are recorded in a special book, are notified immediately to the competent authority and have the same effect as having been excepted directly by that authority.

2. The defendant under house arrest or under supervision in a healing place has the right to present claims, request and statements to the officer of the judicial police who certifies to have received them and takes care of their immediate sending to the competent authority.

3. The same rules apply to information, complaints, requests and statements presented by private parties or injured person.

S E C T I O N I I

ACTS OF THE COURT

Article 112

The forms of court disposition

1. The court disposes by decision and by order.

2. The final decision is made in the name of the people.

3. The decision and the order shall motivated, otherwise they are deemed null and void.

4. The decision is made in the consulting room, in absence of the secretary and parties.

5. When a member of the court has not voted for what has been decided, upon his request, there is kept a summarised minutes explaining the reasons of the objection. The minutes is signed by all members and is put in a sealed envelope at the secretary.

6. The orders are issued without respecting any specific formalities and, when it is not otherwise provided, they are given even orally.

Article 113

The depositing of the court acts

1. The original of the court acts are deposited in the secretary within five days from their making. Appealable acts shall be notified to the prosecutor and to the persons the law recognises the right to appeal.

Article 114

The correction of material errors

1. The court which has issued the acts may, even ex-ufficio, make the correction of material errors of the decisions and orders. When this act is appealed and the appeal is accepted, then the correction is made by a decision of the court examining the appeal on which bases is made a note in the original of the act.

S E C T I O N I I I

DOCUMENTATION OF THE ACTIONS

Article 115

The minutes

1. The documentation of the actions is made by minutes.

2. The minutes is compiled by the secretary of the court, in full or in summarised form, by stenotyping, by other technical means and, when these means are missing, by handwriting.

3. When the minutes is compiled in a summarised form it must be made also the phonographic reproduction and, if there are conditions, even the audio-visual reproduction when required.

Article 116

The content of the minutes

1. The minutes contains the indication of the place, year, month, day and, when necessary, even the time in which it has started and completed, the personal data of the persons who have participated, indication of the causes, if known, the absence of the persons who must participate and the requests presented by the parties.

Article 117

The signing of the minutes

1. The minutes, except the one kept in the hearing, after being read, is signed at the foot of each page by the keeper, by the one who proceeds and by the persons who have participated.

2. When one of the participants does not want or is not able to sign, this is written as a remark, giving also the reason why.

Article 118

Transcription of the minutes kept by stenotyping means

1. The tapes typed with stenotyping symbols are transcripted into ordinary letters not exceeding five days from the date they have been made and they are attached to the acts along with the transcription.

2. When the person who has typed the tapes is subject to prohibition to transcription, then the court orders to trust the transcription to a proper person even not working in the state administration.

Article 119

Phonographic or audio-visual reproduction

1. Phonographic or audio-visual reproduction is made by technicians, even out of the state administration, under the auspices of the secretary of the court.

2. In case of phonographic reproduction, the minutes shall indicate the time of start and termination of reproduction operations.

3. When the phonographic reproduction is not understandable, as evidence shall be used the minutes compiled in a summarised form.

4. The phonographic or audio-visual records shall be attached to the acts.

Article 120

The forms of documentation in particular cases

1. The court, when the actions to be documented have a simple content or when the mechanical means of the reproduction or technical assistants are missing, decides the making of the minutes in a summarised form.

2. When the minutes is kept in a summarised form, the court takes care that the essential parts of the statements and the circumstances under which they have been made shall be noted.

Article 121

Oral statements of the parties

1. When the law does not require the written form of the document the parties may make, by themselves or by means of special attorneys, oral requests or statements. In this case, the secretary of the court compiles the minutes and records the statement. To the minutes shall be attached, when the case is, the special power of attorney.

2. The party that requires it, is issued on his own expenses a certificate or the copy of the statements made.

Article 122

Nullity of the minutes

1. The minutes shall be deemed null and void when there are doubts regarding participating persons or when the signature of the clerk who has kept it is missing.

S E C T I O N I V

THE TRANSLATION OF THE ACTS

Article 123

The appointment of the interpreter

1. The defendant who does not know the albanian language is entitled to free assistance by an interpreter in order to understand the accusation and to attend the actions he participates in. By means of the interpreter he is obliged to make a written statement admitting he does not know the albanian language.

2. The proceeding authorityshall also appoint an interpreter when a writing into a foreign language must be translated.

3. The interpreter is also appointed when the court, the prosecutor or the officer of the judicial police do know the language to be translated.

Article 124

Incapacity and the incompatibility of the interpreter

1. There may not exercise the task of an interpreter:

a) the juvenile, the one who is prohibited to translate, the one who is incapacitated, the mentally sick, the one who is prohibited or suspended the exercise of public duties and profession;

b) the person under precautionary measures;

c) the person who may not be asked as a witness, the one who has been summoned as a witness and as expert in the same process or in a process connected with this. Nevertheless, in case a deaf, a dumb or a deaf and dumb is asked the interpreter may be selected by their relatives.

Article 125

Request for challenging and withdrawal of the interpreter

1. The parties have the right to challenge the interpreter for reasons provided by article 124.

2. When there is a reason to ask the challenge or withdrawal, the interpreter must announce it.

3. The request for challenge or withdrawal may be submitted before the assignment and, for reasons acknowledged later on, before the interpreter has performed his assignment.

4. The request for challenge or withdrawal is subject to a decision of the proceeding authority.

Article 126

The assignment of the interpreter

1. The proceeding authority verifies the identity of the interpreter and asks him whether there are reasons for his challenge or not.

2. The interpreter is forewarned of his obligation to an accurate translation and to the secrecy of actions carried on in his presence. After this, he is invited to perform the assignment.

Article 127

Time-limit for completion of written translations. Substitution of the interpreter

1. The proceeding authority shall fix the interpreter a time-limit in case the translation of the writings requires an overtime work. The interpreter may be substituted when he does not present the written translation within the time-limit.

2. The substituted interpreter, after being summoned to appear before the court to give the reasons why the assignment has been not completed, and the court may punish him by fine up to ten thousand leks.

S E C T I O N V

NULLITY OF THE ACTS

Article 128

Absolute nullity

1. The procedural acts shall be deemed null and void when there are not respected the provisions related with:

a) the prerequisites to be a judge in the concrete case and the required number of judges to set up the colleges as provided by this code;

b) the right of the prosecutor to initiate criminal proceedings and to participate in the proceedings;

c) the summons of the defendant or the presence of the defence lawyer when it is compulsory.

2. An act which has been qualified as absolutely null and void by law may not become valid.

Article 129

Relative nullity

1. The nullity differing from those provided by articles 130 and 131, paragraph 2 may be declared upon request of the parties.

2. The nullity related to the acts of preliminary investigation and to those made for the incident of the proof must be objected before the judicial examination starts.

3. The nullity proven in the trial may be objected along with the appeal of the final decision.

4. Time-limits to present or to object the nullity may not be prolonged.

5. The nullity of an act must when the party is present must be objected before it is completed or, when this is not possible, immediately after its completion.

Article 130

The evaluation of nullity

1. Except when the law does otherwise provide, the nullity is not considered when :

a) the interested party has expressly withdrawn from its objection or has accepted the consequences of the act.

b) the party has profited from the right for which exercises the null and void act has been ordered before.

2. Nullity of notifications, announcements and communications is evaluated in case the interested party has failed to appear or has refused to appear.

3. The party declaring that appears only to present the irregularity of the act is entitled to a time-limit, not less than five days, to defence.

Article 131

Consequences of declaring the nullity

1. The nullity of an act renders null and void subsequent acts which are depended on the one that has been declared null and void. The court declaring the nullity of an act orders its repetition.

2. The court declaring the nullity of an act orders its repetition when this is needed and possib