CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 130: Evaluation of relative invalidity

1 Unless otherwise provided by law, invalidity shall not be considered:

awhen the interested party has expressly withdrawn the invalidity request or accepted the consequences of the procedural act;

bwhen the party has benefited from the right, the exercise of which the invalid act intends to protect;

cwhen it is caused by the party itself, or when the party has no interest in raising it.

2The invalidity of communications and notifications shall not be considered if the interested party has appeared or has refused to appear.

3A party declaring that he/she has appeared only to raise the invalidity of a procedural act shall be entitled to a period, of not less than three days, to prepare the defense.

4During preliminary investigations, the evaluation of the invalidity shall be done by the prosecutor, and if not done by the latter, it shall be evaluated by the judge of the preliminary hearing.

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