CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 296: Information from the person under investigation

1Judicial police officers shall collect information from the person under investigation in the mandatory presence of his lawyer, except in the cases of a person arrested in flagrante delicto or placed under temporary detention, who shall be questioned following the rules provided for by article 256. If the defense lawyer has not been found or has not appeared, the judicial police shall require the prosecutor to appoint another lawyer. In any case, before proceeding with the questioning, he shall be provided with the letter of rights. Rules provided for by articles 34/a and 38 of this Code shall apply.

2At the crime scene or immediately after the offence has been discovered, judicial police officers may, even in the absence of the defense lawyer, obtain information from the person under investigation, necessary for the continuation of the investigation, even if he/she is arrested in flagrante delicto or under detention. The obtained information shall not be documented and their use as evidence is prohibited.

3If the person under investigation appears and requests to provide statements, the judicial police shall proceed by receiving them. Their use is not allowed at trial, except when used to rebut a statement made before the court.

Table of Content

    • No Comment
    • No Comment
    • No Comment
    • No Comment
    • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment