CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 160: Protection of the State secret

1State employees, public officials and persons in charge of a public service are prohibited to testify on facts which constitute state secret.

2If a witness alleges that a fact constitutes state secret, the proceeding authority shall request a written confirmation from the competent state authority.

3If the secret is confirmed and the evidence is not essential for the conclusion of the case, the witness shall not be questioned, whereas, if the evidence is essential, the proceeding authority shall suspend the case until the highest authority of the state administration provides an answer then the witness shall be obliged to testify.

4If the competent state authority fails to confirm the State-secret status within thirty days of receiving notification of the request, the witness shall be asked to testify.

5The judicial police officers and agents and members of the security intelligence services cannot be obliged to disclose the names of their informants. Information disclosed by them may not be acquired nor used if these officials are not questioned as witnesses in relation to such information.

6If informants accept to testify, the testimony shall be taken observing the rules on the protection of the anonymity of their identity. The provisions of Articles 165/a and 361/b of this Code shall apply mutatis mutandis.

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