Constitution of the Republic of Albania (1998, amended 2015) (excerpts related to right to a Fair trial) (English)


Article 28
1. Everyone who has been deprived of liberty has the right to be notified immediately, in a
language that he understands, of the reasons for this measure, as well as of the charge made
against him. The person who has been deprived of liberty shall be informed that he has no
obligation to make a declaration and has the right to communicate immediately with a lawyer,
and he shall also be given the possibility to realize his rights.
2. The person who has been deprived of liberty, according to Article 27, paragraph 2,
subparagraph c), must be sent within 48 hours before a judge, who shall decide upon his pre-
trial detention or release not later than 48 hours from the moment he receives the documents for review.
3. A person in pre-trial detention has the right to appeal the judge's decision. He has the right to
be tried within a reasonable period of time or to be released on bail pursuant to law.
4. In all other cases, the person who has extra-judicially been deprived of liberty may address a
judge at any time, who shall decide within 48 hours regarding the legality of this action.
5. Every person who has been deprived of liberty pursuant to Article 27, has the right to
humane treatment and respect for his dignity.

Article 29
1. No one may be charged or declared guilty of a criminal offence that was not considered as
such by law at the time of its commission, with the exception of cases, that at the time of their
commission, according to international law, constitute war crimes or crimes against humanity.
2. No punishment may be given that is more severe than that which was provided for by law at
the time of commission of the criminal act.
3. The favourable criminal law has retroactive effect.

Article 30
Everyone is considered innocent as long as his guilt is not proven by a final judicial decision.

Article 31
During a criminal proceeding, everyone has the right:
a) to be notified immediately and in detail of the charge made against him, of his rights, as
well as to have the possibility created to notify his family or those close to him;
b) to have the time and sufficient facilities to prepare his defence;
c) to have free of charge assistance of a translator, when he does not speak or
understand the Albanian language;
ç) to be defended by himself or with the assistance of a defence lawyer chosen by him; to
communicate freely and privately with him, as well as to be assured of free defence when he
does not have sufficient means;
d) to ask witnesses who are present and to seek the presentation of witnesses, experts and
other persons who can clarify the facts.

Article 32
1. No one may be obliged to testify against himself or his family or to confess his guilt.
2. No one may be declared guilty on the basis of data collected in an unlawful manner.

Article 33
1. Everyone has the right to be heard before being adjudicated.
2. A person who is hiding from justice may not take advantage of this right.

Article 34
No one may be sentenced more than once for the same criminal act, nor be tried again, except
for cases when the re-adjudication of the case is decided on by a higher court, in the manner
specified by law.


Article 42
1. The freedom, property, and rights recognized in the Constitution and by law may not be
infringed without due process.
2. Everyone, for the protection of his constitutional and legal rights, freedoms, and interests, or
in the case of an accusation raised against him, has the right to a fair and public trial, within a
reasonable time, by an independent and impartial court specified by law.


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