CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 420-1: Reinstatement of time limits to appeal

1The parties shall be reinstated in the time limit to appeal if they prove lack of possibility to meet the time limit, because of force majeure or event of fate. The request of re-instatement shall be accompanied by the appeal, otherwise it shall not be admitted.

2When the trial is held according to the provisions of article 351 of this Code, the defendant may request reinstatement of the time limits to appeal if he proves that he has not been informed of the decision.

3The request for reinstatement shall be submitted within 10 days from the disappearance of the fact constituting an event of fate or force majeure, whereas in cases foreseen in paragraph 2, it shall be submitted from the day the defendant has been informed effectively of the decision. Re-instatement shall not be allowed for more than once for each party in any stage of the proceedings.

4If the appellant fails to appear in the hearing, without any justified ground, despite having been duly notified of the date and time or withdraws the request, the court shall decide the non-admission of the request.

5When the request is admitted and the decision for which time limits reinstatement is allowed is an imprisonment sentence decision that has been executed, the execution of the sentence shall be suspended. The court shall order the immediate release of the defendant unless he has been detained because of the precautionary measure of arrest.

6The court shall reason the decision within 5 days from its announcement.

7The decision allowing reinstatement of time limits may be appellant against together with the final decision.

8The decision refusing the request for reinstatement of time limits may be appeled against within 5 days. The court of appeal shall examine the appeal in closed session within 15 days from the date of receiving the acts.

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