CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 442: Quashing the decision and resolving the case without returning for re-examination

1The High Court decides to quash the decision and to resolve the case without sending it back for re-examination if:

athe fact does not constitute a criminal offence, the criminal offence is extinct or the criminal proceedings should not have been initiated and continued;

bRepealed

cRepealed

çthe decision appealed against and another previous decision connected with the same person and with the same criminal offence, issued by the same or another criminal court, contradict each other;

2In the case foreseen by letter “a” the Court decides to dismiss the case, whereas in the case foreseen by letter “ç” it decides that the decision imposing a less severe punishment shall be enforced.

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