CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 406-a: Request for approval of the penalty order

1When the defendant is accused for committing a misdemeanour, the prosecutor, within three months from the registration of the name of the person to whom the criminal offence is attributed, shall issue a reasoned penalty order determining the punishment and request its approval by the court, if he deems that a prison sentence shall not apply.

2In the penalty order, the prosecutor shall determine a fine as main punishment. As the case may be, he may also impose one or more supplementary punishments. Depending on the economic status of the defendant, the prosecutor may order that the fine shall be paid in instalments, by determining the time limits to pay them.

3A punishment by fine may not exceed half of the maximum provided for this type of punishment by the Criminal Code.

4At the end of the investigations, the request for approval of the penalty order shall be deposited with the secretary office of the court, together with the acts of the preliminary investigation file. The request for approval of the penalty order shall be notified to the defendant. The provisions of Article 327 paragraph 2 and following of this Code shall not apply.

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