CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 28: Transfer of documents to another prosecution office

1If during preliminary investigations the prosecutor judges that the criminal offence is under the competence of a different court from the one where he carries out his functions, he shall promptly transfer the documents to the prosecution office attached to the competent court.

2If the prosecutor who has received the documents judges that the prosecution office, which transferred the documents should proceed, he shall notify the General Prosecutor, who after examining the documents, shall establish which prosecution office must proceed and shall inform the prosecution offices concerned.

3If the prosecutor deems that the criminal offence is under the competence of the Special Prosecution Office or is informed that this Prosecution Office is conducting investigation for the same fact and against the same person, he shall forward the acts to the Chief of the Special Prosecution Office, who after examining them, shall decide whether admitting the acts or resending them to the previous prosecution office. The latter has the obligation to accept the acts.

4Investigative actions conducted before the transfer or the assignment, pursuant to paragraph 1 and 2, are valid and may be used in the cases and ways provided for by the law.

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