Law of Evidence at Albania
The Law of Evidence in Albania is primarily governed by the Code of Criminal Procedure, enacted by Law No. 7905/1995 and amended by Law No. 147/2020. This comprehensive legal framework outlines the rules and procedures for the collection, evaluation, and use of evidence in criminal proceedings. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905/1995 of March 21, 1995, and amended up to Law No. 147/2020 of December 17, 2020), Albania, WIPO Lex)
🧾 General Principles of Evidence
Definition of Evidence: Evidence comprises information about facts and circumstances relevant to a criminal offense, obtained through lawful means as prescribed by the Code. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
Object of Evidence: Evidence pertains to facts related to the charge, the defendant's guilt, the issuance of remand orders, punishment, and civil liability. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
Obtaining Evidence: During preliminary investigations, evidence is gathered by the prosecuting authority in accordance with legal rules. During trial, evidence is presented at the request of the parties, with the court deciding on its admissibility. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
Evaluation of Evidence: The court assesses the credibility and evidential value of each piece of evidence, considering all presented evidence collectively. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
👥 Types of Evidence
1. Testimony
Witness Testimony: Witnesses are examined on facts constituting the object of evidence. They cannot testify about the defendant's moral standing unless relevant to the case. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
Indirect (Hearsay) Testimony: Generally inadmissible unless it meets specific legal criteria.
Exemptions from Testifying: Certain individuals, such as close relatives of the defendant, are not compelled to testify, with exceptions outlined in the Code. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
2. Material Evidence
Collection and Preservation: Material evidence is described in detail, photographed or video recorded, and included in the judicial file. (Production of evidence in 'Albania - Criminal Procedure Code 1995 (2017) EN')
Disposition: The court or prosecution decides on the handling of material evidence, including its return to rightful owners, destruction, or transfer to the state, depending on the nature of the item. (Production of evidence in 'Albania - Criminal Procedure Code 1995 (2017) EN')
3. Documents
Obtaining Documents: Documents that cannot be repeated may be obtained as evidence. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
Use of Documents: Documents may be used during trial examination if agreed upon by the parties or for rebuttal purposes. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
⚖️ Legal Safeguards and Exclusions
Illegally Obtained Evidence: Evidence obtained in violation of legal prohibitions is inadmissible and may be excluded at any stage of the proceedings. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
Professional Secrecy: Individuals bound by professional secrecy, such as attorneys and medical professionals, are not compelled to testify about information acquired in their professional capacity, except in cases where they are obligated to report to authorities. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
🧠 Pre-Trial Admission of Evidence
Circumstances for Pre-Trial Admission: Evidence may be admitted before trial if there are reasonable grounds to believe that a witness may not be available during trial due to illness, threat, or other serious impediments. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
Procedure: Applications for pre-trial admission are filed within the time limits for the conclusion of investigations and must include details about the evidence, its importance, and the circumstances preventing its admission during trial. (Code of Criminal Procedure of the Republic of Albania (approved by Law No. 7905 of March 21, 1995), Albania, WIPO Lex)
🧾 Conclusion
Albania's Code of Criminal Procedure provides a structured approach to the law of evidence, ensuring that evidence is obtained and evaluated in a manner that upholds the rights of individuals and the integrity of the judicial process. The legal framework emphasizes the importance of lawful collection, proper evaluation, and the protection of individuals from unlawful practices, thereby contributing to a fair and just legal system.
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