CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ALBANIA   |   7905

Article 52: Guarantees for the defense lawyer

1Examinations and searches in the office of a defense lawyer are allowed only:

awhen he or other persons who constantly carry out their activity in the same office, are defendants and only for the purpose of proving the criminal offence attributed to them;

bto discover traces or material evidence of the criminal offence or to search for items or persons specifically defined.

cin cases when the defence lawyer is in the conditions of flagrante delicti or pursue of escaping, pursuant to paragraph 1 of article 298 of this Code.

2Prior to conducting an examination, search or a sequestration in the defense lawyer’s office, the proceeding authority notifies the Directing Board of the Bar Association so that one of its members may have the possibility to be present in these activities. Except for cases of flagrante delicto, the proceeding authority shall postpone the examination, search or sequestration until the arrival of the assigned member, but no longer than two hours after the Bar Association has been informed. In any case, a copy of the act shall be sent to the Directing Board of the Bar Association.

3Searches, examinations and sequestrations in the defense lawyers’ offices, pursuant to letters “a” and “b” of the first paragraph of this article, are performed by the judge in person, whereas during the preliminary investigations they are performed by the prosecutor, based on an authorizing decision of the court.

4Interceptions of conversations or communications between defense lawyers and their assistants, or between defense lawyers and the persons they defend are not allowed.

5Any form of inspection of the mail between the defendant and his defense lawyer is prohibited, except when they constitute material evidence of the criminal offence object of investigations.

6Inspections, searches, sequestrations, or interceptions of conversations or communications carried out in violation of the provisions above mentioned may not be used.

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