CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 37-a: Cooperation with justice

1The defendant accused of a crime punishable not less than 7 years’ imprisonment, in the maximum term, committed in collaboration, or of any of the criminal offences referred to in letter “a” of paragraph 1, of article 75/a, of this Code, may acquire the status of collaborator of justice, by signing the collaboration agreement with the prosecutor. The agreement, which contains the terms of collaboration may be stipulated at any stage or phase of the proceedings, even after the criminal decision has become final and is put into execution.

2The agreement is stipulated if the defendant testifies, with no reserves or conditions, on all facts and circumstances that he is aware of, due to his participation in the criminal activity. His testimony must constitute a fundamental evidence of guilt as to the prove of the facts and of their authorship, as well as for the prevention of serious crimes and for repairing the damages caused by them. The defendant, in his testimony, shall identify all assets having a criminal origin, which are in his possession and of his collaborators. The above information shall be provided within 30 days from the date of signing the agreement.

3The collaborator of justice is entitled to request special protection for himself and his family, pursuant to the legislation on the protection of witnesses and collaborators of justice.

4In cases of collaboration with justice, the prosecutor shall request to the court the reduction of the penalty or the exclusion of the collaborator of justice from punishment. When the agreement is reached during the execution of the decision, the authority to review the request of the prosecutor shall belong to the court which issued the decision or to the court of the place of execution. The reduction or the exclusion from punishment shall be in proportion to the contribution given by the collaborator of justice regarding the facts and circumstances indicated in paragraph 2 of this article. The provisions of paragraph 7 of Article 28 of the Criminal Code and the rules of paragraph 1 of article 480 of this Code shall apply.

5The collaboration agreement shall be revoked if the collaborator of justice breaches the terms of the collaboration agreement, conceals information on assets or facts of justice interest, or renders false statements or testimony. The rules of paragraph 1, of article 480 of this Code shall apply mutatis mutandis.

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