CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 260: Revocation, replacement and joining of precautionary measures

1Precautionary measures shall be immediately revoked if it results that the requirements and criteria for their application do not exist.

2If he security needs are mitigated or when the implemented measure is no longer respondent to the seriousness of the facts or to the sentence that might be issued, the court shall replace the measure with a less severe one.

3If the security needs increase or the person infringes the obligations related to the precautionary measure, the Court, upon request of the prosecutor, may replace it with a more severe measure or order an additional coercive or interdictive precautionary measure. If obligations related to an interdictive measure are violated, the court may replace it with a coercive measure or impose an additional interdictive measure.

4The request of the prosecutor or defendant for the revocation, replacement or joining of precautionary measures is adjudicated by the court where the acts were submitted, within five days of their filing. When appropriate, the court shall decide also ex officio on the revocation or replacement of the precautionary measure, during the questioning of the arrested person, pursuant to Article 248 of this Code, and in the cases referred to in paragraph 6 of Article 246, during the hearing for the pre-trial admission of evidence, the preliminary hearing or the trial hearing.

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