CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 249: Appeals against precautionary measures

1Against the decision of the court for the application of a precautionary measure, under Article 244 of this Code, an appeal may be lodged within five days of the notification of the court decision.

2For the defendant who has escaped, the time limit starts to run from the date of the notification rendered pursuant to article 141.

3The appeal is filed with the secretary of the court that issued the decision, which is obliged to deliver the documents to the court hearing the appeal, within 3 days of the notifications.

4The prosecutor, defendant and his/her defense lawyer are notified on the date of the hearing at least 3 days in advance.

5The appeal shall be examined within ten days of the acts being received.

6The court decides, as appropriate, the annulment, amendment or approval of the decision, even on different grounds from those presented or indicated in the reasoning part of the decision. The court shall deposit its reasoned decision within 10 days.

7When the decision is not announced or enforced within the set time limit, the act based on which the coercive precautionary measure has been issued becomes void.

8Against the decision of the court of appeal, an appeal may be lodged before the High Court on the grounds of law infringement, within its competence.

9After six months of the execution of the arrest decision, the defendant and his/her defense lawyer may file and appeal to the court of appeal concerning to the duration of the precautionary detention in prison.

10The court of appeal shall decide within fifteen days of the receipt of the acts.

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