CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 406-d: Content of the agreement

1From the registration of the name of the person to whom the criminal offence is attributed until the beginning of judicial review, the prosecutor, the defendant or his special representative may propose to reach an agreement on the conditions of admission of guilt and setting punishment.

2In the negotiation for reaching an agreement, the presence of the defence lawyer of the defendant is mandatory. The conclusion of the agreement shall be allowed for criminal offences for which the law provides for a maximum punishment of not more than 7 years of imprisonment. This restriction shall not apply in the case of the justice collaborator.

3The agreement shall be made in writing and contain, under penalty of invalidity:

aaccurate description of the criminal fact for which the defendant is charged and its legal qualification;

ba statement of admission of guilt by the defendant;

ctype and extent of the main criminal sanction, supplementary sanction and the manner of its execution, agreed upon by the parties;

çrulings on material evidence and items related to the criminal offence, and on confiscation of the means and proceeds of the criminal offence, pursuant to article 36 of the Criminal Code;

dif the civil plaintiff is legitimated, his written consent on the amount of the damage compensation to be paid by the defendant;

dhamount of procedural expenses;

esignature of the parties and the defence lawyers.

4The prosecutor, after signing the agreement, shall notify the victim or his/her heirs, whose identity and place of residence is in the acts of the proceedings, by sending copies thereof.

5The conditional agreement for the partial admission of charges is inadmissible.

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