CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 246: Enforcement of the precautionary measures

1The police officer or agent entrusted with the execution of an arrest decision shall deliver copy of the relevant decision to the person subject to such measure and shall promptly inform him on the letter of rights, pursuant to paragraph 2, of Article 34/b of this Code. The judicial police shall keep minutes for all actions performed. Such minutes shall be then sent to the court which has issued the decision and to the prosecutor.

2In case there is a doubt on the authenticity of the decision ordering the precautionary measure or the real identity of the person subject to such measure, the responsible judicial police officers and agents shall not execute it.

3Decisions on other precautionary measures are notified to the defendant by the court.

4After their notification or execution, decisions are filed with the secretary of the court, which has issued them. Defence lawyers are also notified on the filing.

5A copy of the decision establishing an interdictive measure is sent to the authority that is competent to decide on the establishment of such a measure in the regular cases.

6Every two months starting from the execution of an arrest decision, the prosecutor shall inform in writing the court establishing the precautionary measure on the conducted investigation activity and the security needs. The information shall contain data on the status of the proceedings, on the questioning of the defendant and other persons, a description of the information obtained and shall be accompaigned by copies of the file’s acts. If the prosecutor fails to provide information in due time, the court shall verify the security needs upon request of the defendant or ex officio. The court, after hearing the parties, decides to continue the application of, or to replace or revoke the precautionary measure. Provisions of Articles 248 and 249 of this Code shall apply.

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