CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 229: Criteria for establishing personal precautionary measures

1In establishing any precautionary measures, the court shall consider the suitability of each of them with the level of precautionary needs in the actual case.

2Each measure must be proportionate to the seriousness of the facts and to the sanction foreseen for the concrete criminal offence. The continuity, repetition and as well as mitigating or aggravating circumstances provided for by the Criminal Code shall also be considered. A pre-trial detention measure cannot be ordered if the court deems that, for the crime committed, a conditional sentence could be issued.

3If the defendant is a minor, the court shall consider his/her highest interest and the request for an uninterrupted concrete educational process.

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