CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 298: Searches

1In the cases of flagrante delicto or pursue of a person escaping, the judicial police officers shall perform a search on the person or premises when they have reasonable grounds to believe that the person conceals items or traces of a criminal offence, which may disappear or be lost or that these items or traces are in a certain place or where the person under investigation or escaping is located.

2When a detention must be carried out, an arrest or sentence by imprisonment decision be executed, the judicial police officers may carry out a search of the person or premises, where there exist the conditions stipulated in paragraph 1 and there are particular reasons of urgency that does not permit the issue of a search decision. When delay may compromise the successful conclusion of investigations, the house search may be carried out even outside the time limits provided for under article 206.

3In cases of flagrante delicto or pursuit of an escaping person or when a detention must be carried out, or an arrest decision or a sentence by imprisonment must be executed, judicial police shall take all technical measures aimed at ensuring the preservation of the original computer data and preventing their loss, damage, and alteration and shall carry out all further searches of computer data, when there are reasonable grounds [to believe] that they contain information, software or traces of the criminal offence.

4The minutes of the acts carried out shall be sent immediately, but not later than forty-eight hours, to the prosecutor of the place where the search was conducted, who, within the next forty eight hours, shall proceed pursuant to the Article 301 of this Code

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