CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 228: Requirements for the application of personal precautionary measures

1No one may be subjected to personal precautionary measures unless there exists a reasonable suspect against him, based on evidence.

2No measure can be applied if there are reasons for impunity or extinction of the criminal offence or of the penalty.

3Personal precautionary measures shall be adopted:

awhen important reasons exist that put in danger the obtainment or the authenticity of evidence, based on factual circumstances that must be expressly set out in the reasoning of the decision;

bwhen the defendant has fled or there is a risk that he might do so;

cwhen, by reason of the particular circumstances of the fact and of the defendant’s character, there exists the risk that he would commit serious criminal offences similar to the one he is being prosecuted for.

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