Types of security measures in Albania

AuthorAsllan Dogjani
PositionMember of the Albanian Parliament
Pages168-173
Vol. 1 No. 1
January 2017
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
ISSN 2519-1284
Acces online at www.iipccl.org
168
Types of security measures in Albania
Av. Asllan Dogjani
Member of the Albanian Parliament
Abstract
This paper introduces personal security measures and property security measures, as
conservative and preventive sequestration. Personal security measures are imposed by the
court at the request of the prosecution to persons who have a reasonable suspicion based
on evidence of having commi ed an o ense and when there are reasonable doubts that the
defendant can avoid investigation or may perform another criminal o ense and jeopardizes
the evidence. In this sense, the Albanian Criminal Procedure Code provides the types of
restrictive measures:1
Prohibition to leave the country; obligation of appearance to the judicial police; property
guarantee; Arrest in prison; house arrest and temporary hospitalization in a psychiatric
hospital, and prohibitive measures: suspension of the exercise of a public duty or service;
temporary prohibition of the exercise of certain personal and commercial activities. Property
security measures are an important tool to ensure the payment of taxes or prevent the free
disposal of an object related to the o ense, through lying down on the movable and immovable
property of the defendant and other persons. As to the seizure, the request for the provision
of property can be made by the prosecutor and civil plainti when he is legitimized as a
civil plainti or the aggrieved party in the criminal process and requires indemni ed for the
damage that the defendant has caused.
Keywords: Personal security measures, detention, arrest, charge for appearance, judicial
police, courts, and prosecutor.
Introduction
Security measures are procedural actions that restrict or limit the freedom and rights
of the person against whom criminal proceedings are held (Islami, Hoxha & Panda,
2003, 83).
Article 17 of the Constitution states that: The limitation of the rights and freedoms
stipulated in this constitution may be established only by law for a public interest
or for the protection of the rights of others. The restriction must be proportionate
to the situation that dictated it. According to the Constitution, human rights and
fundamental freedoms are inviolable and stand at the basis of the entire juridical
order.
According to the Constitution, the freedom of a person may be restricted only in the
following cases:
When is sentenced to imprisonment by a competent court;
For non-compliance with the lawful orders of the court or for failure to comply
with an obligation set by law;
When there are reasonable doubts of having commi ed a criminal o ense or to
1 Article 232 of the Albanian Criminal Procedure Code.

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