CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 493: Coercive measures and sequestrations

1Upon request of the Ministry of Justice, presented through the prosecutor, coercive measures and sequestration of the material evidence and of the items related to the criminal offence for which extradition is requested, may be imposed against the person subject to extradition.

2The imposing of the coercive measures shall be regulated by the provisions of the title V of this Code, mutatis mutandis, keeping in consideration the requirements to guarantee that the person for whom extradition has been requested shall not escape from transferring.

3The coercive measures and the sequestration shall be not imposed when there are reasons to believe that the requirements to provide a decision in the favour of extradition do not exist.

4The coercive measures are revoked when within three months from the start of their execution it has not terminated the proceedings before the court. Upon the request of the prosecutor the time period can be prolonged, but not longer than one month, when necessary to make particularly complex verifications. If an appeal is filed with the Court of Appeal or the High Court, the coercive measure shall be revoked if trial has not been finalized within 3 months from the receipt of acts respectively for each court.

5The competent court to render a decision pursuant to the above paragraphs, is the district court or, during the proceedings before the court of appeal, the latter one.

6The court examining the request for imposition of a coercive measure shall also examine the request for extradition. In any case, upon request of the Ministry of Justice, the court shall revoke the precautionary measure it has imposed.

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