CRIMINAL CODE OF THE REPUBLIC OF ALBANIA   |   7895

Article 59-a: Home confinement

For up to two years imprisonment sentences or when this timing is the remainder of the sentence, according to a decision pertaining to a longer time of imprisonment, the court may decide for the convict to serve the punishment at home, in another private house or a center of public health care, when the following circumstances exist:

a) for pregnant women or mothers with children of under ten years of age, living with her.

b) for fathers, who have the parental custody over the child of under ten years of age, living with him, when the mother has died or is unable to take care of the child; 

c) for persons, in severe health conditions, requiring continuous care from the medical service, outside of the prison;

 ç) for persons of age over sixty years old, whose health situation renders them incapable;

 d) for young adults, under the age of twenty one, with established medical, study, work or family responsibilities needs. 

The court, under the circumstances foreseen in letter “a” and “b” of first paragraph of this Article, cannot decide serving of sentence in home confinement for persons who have committed a criminal offence against their spouse, cohabitant or child.

The court may allow the persons convicted to home confinement to leave their residing place, to fulfill their indispensable family needs, to get involved at work activities, education or rehabilitation programs, which the probation service has agreed upon.

In such case, the court defines the measures that need to be taken by the probation service.

The court shall revoke the home confinement and substitute it with another punishment, when the foreseen conditions provided for in the first paragraph of this article do not exist. If the convict leaves its residence without the authorization of the court or violates obligations assigned in the court decision, Article 62 of the Code shall apply.

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