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INDIVIDUAL RIGHTS IN THE ALBANIAN CRIMINAL PROCESS

Liberty MAY be limited ONLY as provided by law and not more than that allowed by the EUROPEAN CONVENTION on Human Rights (Arts. 17 and 27 of the Constitution)

Cases when freedom of a person may be limited:

When he is PUNISHED WITH IMPRISONMENT by a competent court

For FAILURE to comply with court ORDERS or lawful OBLIGATION

When there are REASONABLE SUSPICIONS that he has COMMITTED, is ABOUT TO or is ESCAPING after the commission of a crime

For the SUPERVISION OF A MINOR

When a person is carrier of a CONTAGIOUS DISEASE, MENTALLY INCOMPETENT and DANGEROUS TO SOCIETY

Deportation or extradition cases

At the MOMENT OF DEPRIVATION of liberty, a person has the following Rights (Art. 28 of the Constitution)

NOTIFICATION in a language that he understands, of the ACCUSATIONS and the REASONS of the Deprivation of Liberty

Informed of the RIGHT TO COMMUNICATE WITH A LAWYER, and of the RIGHT NOT TO MAKE ANY DECLARATION (right to remain silent) and he shall also be given the possibility TO REALIZE HIS RIGHTS

No one may be subjected to TORTURE, CRUEL, INHUMAN OR DEGRADING PUNISHMENT OR TREATMENT (Art 25 and 28/5 of the Constitution)

JUDICIAL REVIEW of deprivation of liberty MUST OCCUR within 48 HOURS from the moment of detention and a JUDICIAL DECISION ISSUED within 48 HOURS following the court hearing (Article 288 of the Constitution.) (Criminal Procedure Code, Art. 258/1 – 24 hours for the prosecutor and Art. 259/5 – 24 hours for the judge.)

A person in pre-trial detention has THE RIGHT TO APPEAL THE JUDGE’S DECISION. He has the right to be tried within a reasonable period of time or to be released on bail pursuant to law.

Everyone is considered INNOCENT so long as his guilt is not proven by a final judicial decision (Art. 30 of the Constitution)

Any UNCERTAINTY related with the accusation shall be CONSIDERED IN FAVOR of the defendant (Article 4 of the Criminal Procedure Code)

DURING THE CRIMINAL PROCESS, a person has the following Rights (Article 31 of the Constitution):

IMMEDIATE and detailed NOTIFICATION of the accusation made against him

Possibility to NOTIFY HIS FAMILY or those close to him

To have the ASSISTANCE of an interpreter

To HAVE THE TIME and sufficient facilities TO PREPARE HIS DEFENSE

To be DEFENDED BY HIMSELF or with the assistance of a LEGAL DEFENDER

To COMMUNICATE FREELY and PRIVATELY with his defender

To QUESTION WITNESSES who are present and to seek the presentation of witnesses, experts and other persons who can clarify the facts

No one may be obliged to TESTIFY against HIMSELF or his FAMILY (Article 32 of the Constitution)

No one may be obliged to CONFESS HIS GUILT (Article 32 of the Constitution)

No one may be DECLARED GUILTY on the basis of DATA collected in an UNLAWFUL MANNER. (Article 32 of the Constitution)

Everyone has the RIGHT TO APPEAL a judicial decision to a HIGHER COURT, except when the Constitution provides otherwise (Article 43 of the Constitution)

The right to be REHABILITATED AND/OR INDEMNIFIED in cases of unlawful actions (Article 44 of the Constitution)

Everyone has the RIGHT TO BE HEARD before being judged (Article 33 of the Constitution)

This right is NOT GIVEN to the person who is HIDING from justice

No one may be punished MORE THAN ONCE for the same criminal act except re-adjudication cases by Supreme Court (Article 34 of the Constitution)

Everyone, to protect his rights, has the RIGHT TO a FAIR and PUBLIC TRIAL, within a REASONABLE TIME, by an INDEPENDENT AND IMPARTIAL COURT specified by law (Article 42 of the Constitution)

Some Articles of the Criminal Procedure Code related with the issue:

Arts 36 – 39 "Questioning and declarations of the defendant"

Art. 48 – 49 "Selection and appointment of defense attorney"

Art. 50 – "Rights of defense counsel"

Art. 53 – "Conversations between defendant and counsel"

Art. 55 – "Refusal, renouncement or revocation of defense counsel"

Art. 56 – "Abandonment by defense counsel"

Art. 57 – "Substitution of defense counsel"

Art. 111 – "Statements and requests of detained person"

Art. 172 – 173 "Identification procedures"

Art. 179 – "Assignment of expert"

Art. 246 – "Execution of precautionary measure"

Art. 248 – "Interrogation of arrested/detained person"

Art. 249 – "Appeal of precautionary measure"

Art. 253 – "Detention of person suspected of having committed a crime"

Art. 255 – "Duties of judicial police in arrest and detention cases"

Art. 256 – "Interrogation of arrested or detained"

Art. 258 – "Request for Review of arrest or detention"

Art. 259 – "Hearing for the arrest/Detention review"

Art. 268 – 269 "Compensation for unfair imprisonment"

Art. 309 – "Appointment and assistance of defense attorney in Preliminary Investigations"

Art. 344 – "Presence of the defendant at trial"

Art. 350 – 352 "The absence of the defendant or defense attorney"

Prepared by:

Mr. Shkëlzen Zeneli

Criminal Law Reform Project DoJ/CEELI