ON THE ORGANIZATION AND FUNCTIONING OF INSTITUTIONS FOR COMBATING CORRUPTION AND ORGANIZED CRIME   |   95/2016

Article 3: Definitions

The following terms shall be defined to have the following meanings in relation to this law:

1"Close Family Member" shall mean a person’s spouse, children over 18 years old, and any person related by blood or marriage who lives, for more than 120 days a year, at the same residence.

2"Heads of central or independent state institutions" shall include the Director of the Albanian State Police, Chief of the General Staff of the Albanian Armed Forces, Inspector General of the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interest, Governor of the Central Bank of Albania, High State Auditor, Chairperson of the Central Elections Commission and Director of the State Intelligence Service.

3“Judge” shall mean any person who serves as a judge at any first instance court, at the Anti-Corruption and Organized Crime Court of first instance, appeals court, Anti-Corruption and Organized Crime Court of Appeal, administrative court, or High Court.

4“Sensitive information” shall mean electronic or physical documents, photographs, recordings, data, names, or other written or verbal information which is obtained during or as a result of a criminal investigation under this law. Such information shall not be sensitive once disclosed in accordance with the Criminal Procedure Code.

5“Prosecutor” shall mean any prosecutor of the prosecution office attached to first instance courts, prosecution office attached to appeal courts, at the Special Prosecution Office and the Prosecutor General.

6“Higher Prosecutor” shall mean the head of the Special Prosecution Office.

7The term “Special Anti-Corruption and Organized Crime Structure” shall be used to refer to the Special Prosecution Office and the independent investigation unit, which shall be called the National Bureau of Investigation. The Special Anti-Corruption and Organized Crime Structure may be abbreviated as “SPAK.”

8"Criminal offences which is important to and closely related to the case or investigation" shall mean any criminal offence that was committed while preparing for, in support of, or to hide or prevent the discovery of a criminal offence within the primary competence of the Anti-Corruption and Organized Crime Courts. The term shall also include any criminal offence which obstructs the investigation or case, threatens witnesses, victims, judges, prosecutors, investigators or staff, or destroys or otherwise makes evidence unavailable.

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