CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 248: Questioning of the arrested person

1Not later than three days of the execution of the measure, the court shall question the person held in house arrest or pre-trial detention. The court shall proceed with the questioning within five days of the execution of the measure in case of other coercive or interdicted precautionary measures. The defence is entitled to be informed on the acts and obtain copies thereof.

2The court shall, by way of questioning, verify the requirements and criteria for the application of the measure and the security needs provided for in Articles 228, 229 and 230 of this Code. If these conditions do not exist, the court decides to revoke or replace the measure. Otherwise, the court decides the continuation of its application. The court shall deposit its reasoned decision within 48 hours.

3During the questioning of the arrested person, the prosecutor and defense lawyer shall take part, notified by the court secretary.

4In the course of the judicial trial, the parties shall be entitled to submit evidence, except testimony evidence.

5When the questioning of the arrested person must be made in the court of another district, the court shall ask that the questioning be made by a judge of such other court.

6The prosecutor may not question the arrested person before the court has proceeded pursuant to paragraph 1 of this Article.

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