CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 361: Questioning of witnesses

1The questioning of the witnesses is made initially by the prosecutor or the defense lawyer or representative who has requested the questioning. Then, the questioning continues by the parties, in order.

2The one who has requested the questioning may ask questions even after the other parties have terminated theirs.

3The party requesting the questioning shall not be allowed to make questions that influence negatively on the impartiality of the witness or that intend to suggest the answers.

4The presiding judge may allow the witness to look at the documents prepared by the witness in order to help his memory.

5Repealed

6During the questioning of the witness, the presiding judge may ask questions and, when appropriate, intervene to insure orderly questioning, truthfulness of the answers, the accuracy of questions and objections, as well as to guarantee respect for the person.

7The witness may be questioned at distance, within the country or abroad, through audio-visual links, in compliance with rules provided by international agreements and provisions of this Code. The person authorized by the Court shall remain at the witness’s location, certifies his/her identity, and ensures the correct process of questioning and of the implementation of protective measures. These actions are reflected in the minutes.

8The victims of the sexual criminal offences, trafficking or other domestic violence offences, upon their request, may be questioned as witnesses through audio and audio-visual tools.

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