CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 406-b: Decision approving the penalty order

1The Court shall examine the request in closed session and decide within ten days after it has been filed. The decision approving the penalty order shall be reasoned in summary form and it shall contain:

apersonal data of the defendant;

bsubmission of the fact and the legal qualification of the criminal offence;

csources of evidence and facts to which they refer to;

çamount of the fine, modalities of its execution and type of the supplementary punishment established;

dthe right of the defendant to challenge the decision of the court and the time limit within which such decision may be challenged;

dhrulings on material evidence and items related to the criminal offence;

edate and signature of the judge.

2The court may not change the punishments established in the penalty order by the prosecutor, but by assessing the circumstances of the economic status of the defendant, in the stage of execution, upon request of the sentenced person, it may apply the provisions of article 34 paragraph 8 and following of the Criminal Code.

3The decision approving the penalty order shall not cause the consequences foreseen in article 70 of this Code. It may not charge the sentenced person with the payment of the expenses of the proceedings.

4The punishment imposed shall not be entered in the criminal record certificate unless the sentenced person is a recidivist.

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