CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 261: Extinction of precautionary measures

1Precautionary measures cease their effect:

awhen, for the same act and against the same person, the case has been dismissed or a decision of acquittal has been issued;

bwhen the sentence is declared extinct or suspended on condition;

cwhen the period served in precautionary detention in prison is longer than the sentence issued;

çwhen after the expiry of the time limit provided for under letter ā€œdā€, of paragraph 1, of Article 245, of this Code, a repetition has not been ordered within the limits provided for under Articles 264 and 267.

2Precautionary detention in prison that is ordered during preliminary investigations shall cease its effects if the court does not proceed with the questioning within the time limit provided for under Article 248.

3The request for the extinction of the precautionary measure shall be presented together with relevant documents to the court where the acts are, at the moment the request is filed. The court shall decide on the request within 48 hours, after notifying the parties. Failure of the parties to appear, without any founded reason, shall not prevent the court from taking a decision in their absence. Time limits for decision reasoning and appeal, shall be subject to the rules set out under articles 248 and 249 of this Code.

4Extinction of the precautionary measures does not prevent the court or any other authority to exercise the rights attributed to them by the law for the enforcement of the supplementary punishments or of the other interdictive measures.

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