Extradition from Albania: How the Procedure Works and What an Extradition Lawyer Does

The main rules are in Albania’s Criminal Procedure Code (Kodi i Procedurës Penale), Law No. 7905 of 21 March 1995, Title X, Chapter I, Articles 488–503, supplemented by Law No. 10193 of 3 December 2009 on jurisdictional relations with foreign authorities in criminal matters (Ligji për marrëdhëniet juridiksionale me autoritetet e huaja në çështjet penale), as amended in 2013 and 2021. The treaty between Albania and the requesting state may modify how those rules apply. This guide explains the route from request to handover; the detailed refusal grounds and challenge strategy are covered in How to Stop Extradition from Albania.

Who decides: the court, the prosecutor, or the Ministry of Justice?

The Ministry of Justice (Ministria e Drejtësisë) receives and transmits the request, then makes the executive decision. The prosecutor prepares and presents the case and may seek a coercive measure. The court checks the legal conditions, hears the person and defence, and issues the judicial decision. A favourable court decision is not itself the handover order: the Ministry acts after the decision becomes final.

Older or translated versions still say “district court”, but Albania’s 2023 judicial-map reform left 13 Courts of First Instance of General Jurisdiction (Gjykatat e Shkallës së Parë të Juridiksionit të Përgjithshëm) and one Court of Appeal of General Jurisdiction (Gjykata e Apelit e Juridiksionit të Përgjithshëm). Use current court names, not legacy labels. For an Article 495 arrest, the relevant court is in the territory of arrest. For an Article 494 temporary measure before the full request arrives, competence follows the person’s domicile, residence or dwelling, then the place where the person is found; if those criteria do not identify a court, the Code names Tirana. Because the Code retains older “district court” wording, the current court-map equivalent is the Tirana Court of First Instance of General Jurisdiction.

The General Prosecution Office (Prokuroria e Përgjithshme), through its Directorate of Foreign Jurisdictional Relations (Drejtoria e Marrëdhënieve Juridiksionale me Jashtë), coordinates international criminal cooperation, including extradition. It does not make the final surrender decision. Local court logistics in Tirana are covered separately in Extradition Lawyer in Tirana.

Which law and treaty govern a request to Albania?

Albania ratified the 1957 European Convention on Extradition on 19 May 1998; it entered into force for Albania on 17 August 1998. Albania is also party to the First, Second, Third and Fourth Additional Protocols, in force for Albania from 17 August 1998, 17 August 1998, 1 May 2012 and 1 June 2014 respectively. A protocol does not necessarily apply between Albania and every requesting state: check the Treaty Office entries for both states before relying on it.

Under its declaration to Article 6, Albania refuses to extradite its nationals unless an international agreement provides otherwise; a dual national is treated as Albanian if either nationality is Albanian. Its Article 2 declaration removes a minimum term threshold only on a reciprocal basis. Separately, Article 32 of Law No. 10193 includes domestic thresholds: the offence must be punishable by at least one year under Albanian law and, for a final sentence, at least four months must remain when the request is submitted. The interaction depends on the treaty, declarations and requesting state; no single translated sentence resolves every case. Article 32 also addresses prescription, prior Albanian proceedings, assurances and asylum applications made in Albania in relation to the requesting state; detailed refusal analysis belongs in the sibling guide.

What must the requesting state send?

Article 489 requires a request to the Ministry of Justice with a copy of the final prison sentence or procedural act, a description of the offence including its time, place and legal classification, and the relevant legal provisions, including whether the requesting state provides for the death penalty. A treaty may require additional authentication, translations or assurances. The documents must identify the person and specify the conduct and proceedings underlying the request.

Under Article 35 of Law No. 10193, the Ministry must transmit an INTERPOL-origin international arrest warrant to the Prosecutor General within five days. The Prosecutor General must then send the acts to the prosecutor attached to the competent court so that the request is filed with the court no later than 15 days from the requesting state's submission of its request. These five-day and 15-day periods have different triggers; they govern transmission and filing, not completion of the whole case.

What happens after arrest or a provisional request?

Article 494 permits a temporary coercive measure before the full request arrives. The foreign state must confirm that a liberty-restricting measure or prison sentence exists and that an extradition request will follow, provide detailed offence and identity information, and show a risk of flight. The measure is revoked if the request and documents do not reach the Ministry within 18 days and, in any event, no later than 40 days after arrest. This clock applies only to the Article 494 route.

Article 495 applies to arrest by judicial police on an international arrest warrant. The arresting authority must immediately notify the prosecutor and Minister of Justice. Within 48 hours, the prosecutor must bring the person and documents before the court in the territory of arrest; within 48 hours of submission, the court validates the arrest and imposes a coercive measure if justified or orders release. If the arrested person is Albanian and no bilateral agreement with the requesting state allows extradition of citizens, the Code directs immediate release. The Ministry must request continuation within 10 days after validation or the arrest is revoked.

The triggers differ: 48 hours for the prosecutor’s presentation, another 48 hours for court validation of the arrest after submission, and 10 days for the Ministry’s continuation request. The official Ministry of Justice English translation specifies 48 hours for each of the first two steps. Keep the arrest record and court decision to calculate each trigger. An INTERPOL Red Notice is an alert/request for cooperation, not an international arrest warrant or an Albanian extradition decision; the national legal basis and underlying documents must be identified.

When is identity checked, and what does consent mean?

Under Article 496, once a coercive measure has been imposed, the court must check the person’s identity and record any consent to extradition as soon as possible and no later than three days after the measure is executed. The person must be informed of the right to a defence lawyer; if there is no lawyer, the court appoints one ex officio. The lawyer must be notified at least 24 hours before the relevant action and may participate.

Do not consent merely to shorten the hearing. Advice should cover the request’s scope, consequences, applicable treaty and speciality rule. Consent to surrender is not the same as waiving a contested hearing, and neither should be assumed to remove every protection. Article 490 generally limits post-surrender prosecution or punishment to the offence for which extradition was granted, subject to statutory and treaty exceptions. Its 45-day rule concerns an opportunity to leave the requesting state after release, not the deadline for the Albanian hearing.

How does the court examine the request and custody?

Article 492 requires the prosecutor to submit the request to court within three months from its arrival. After filing, the registry notifies the person, defence lawyer, prosecutor and any representative of the requesting state; they have 10 days to inspect the file, obtain copies, examine attached items and submit memoranda. Article 497 requires at least 10 days’ notice of the hearing, at which the court makes necessary checks and hears summoned participants.

Under Article 493, coercive measures and seizure of relevant evidence may be ordered on request through the Ministry and prosecutor, applying general precautionary-measure rules where compatible. A measure should not be imposed where the requirements for a favourable extradition decision appear absent. Measures are revoked if first-instance proceedings are not concluded within three months after execution, with no more than one additional month for particularly complex checks. At each relevant higher court, a separate three-month control period runs from receipt of the acts. The file and any later ruling must be checked for the precise calculation.

There is no single universal “maximum detention” number: Article 494’s 18/40-day clock concerns a pre-request measure; Article 495 governs initial arrest validation; Article 493 controls coercive measures during court stages; and Article 499 gives the Ministry a separate 30 days after the judicial decision becomes final. Release or replacement of custody does not necessarily end the extradition case. The High Court’s November 2025 thematic bulletin (Buletin Tematik nr. 10) summarizes separate decisions: Decision No. 00-2023-1938 (16 November 2023) says the court considering a coercive-measure request should also examine the extradition request when the issues are linked; Decision No. 00-2024-1421 (205) (13 September 2024) says expiry or alteration of a personal security measure does not by itself invalidate the extradition proceeding. The bulletin is an official summary, not a substitute for the full judgments; counsel should verify the full text and later case law before relying on a specific proposition. The Constitutional Court’s 2026 Kokunov decision later set aside the separate High Court Decision No. 00-2024-1533 (222) of 24 September 2024; its case-specific conclusions should not be treated as current authority. Ask for reasoned decisions on both liberty and the extradition request.

What happens after the court’s decision?

Under Article 498, the Code lists three alternative bases for a decision allowing extradition: a coercive measure has been imposed against the wanted person, there are significant elements of culpability, or there is a final conviction. The court must reject the request where a ground for refusal applies. The decision may be appealed to the Court of Appeal of General Jurisdiction within 10 days. Confirm the notification date immediately. A further High Court challenge or constitutional complaint is not an automatic full rehearing; admissibility, grounds and the challenged act matter. Detailed routes and grounds are addressed in the dedicated challenge guide.

The executive stage is separate. Under Article 499, the Ministry must decide within 30 days after the court decision becomes final; if the person remains detained after that period without a ministerial decision, the Code provides for release. If surrender is approved, the time limit for handover is 15 days from the date set for surrender, extendable by a further 15 days on a reasoned request by the requesting state. If the requesting state does not collect the person within the applicable period, the decision loses effect and release is required. Article 500 permits postponement where Albanian proceedings or a sentence must first be dealt with, with temporary surrender possible in defined circumstances.

In Decision No. 2 (V-2/26) of 14 January 2026, Albania’s Constitutional Court (Gjykata Kushtetuese) found a violation of the Article 25 right not to be subjected to inhuman or degrading treatment in relation to reasoned judicial decision-making, and a violation of Article 39 concerning compliance with the Court’s interim stay. The decision records that it set aside the Shkodër Court of First Instance decision of 14 November 2023, the Court of Appeal decision of 20 March 2024, High Court Criminal College Decision No. 00-2024-1533 (222) of 24 September 2024, and the Ministry’s approval of 14 October 2024 in Kokunov’s case. The Court states that its decision enters into force on publication in the Official Gazette (Fletorja Zyrtare), so the publication/effect date should be checked in any live case. The ruling is case-specific; it does not establish a blanket bar on extradition to Russia or any other country.

Article 501 governs extension or re-extradition for a different offence committed before handover. Article 502 requires ministerial authorisation for transit through Albania, subject to statutory limits, and Article 503 addresses local costs where no other agreement applies. These rules do not replace the decision on the original request.

What does an extradition lawyer do at each stage?

• Immediately after arrest: obtain the arrest record, the international warrant or notice information, the court application and the decision; record the precise times of arrest, presentation and judicial validation.
• Before the first interview or consent: arrange an interpreter, confirm identity data and citizenships, and explain the effect of consent, the hearing and the speciality rule.
• During document review: compare the person’s identity, offence description, applicable provisions, sentence or procedural status, translations and treaty requirements; list missing or inconsistent documents.
• On custody: check whether Article 494 or 495 applies, calculate the correct deadline, assess flight-risk evidence and propose a lawful less restrictive measure where the facts support it.
• Before and after the hearing: organise evidence and written submissions, preserve proof of notification, and protect the short appeal deadline if the decision is adverse.
• Before handover: verify that the final judicial decision and the Ministry’s act match the same person, offence and conditions; identify any active stay or order that authorities must obey.

Give counsel a passport or identity document, proof of citizenship and dual nationality, arrest papers, court decisions, any foreign request or notice, family contact details, relevant medical records and any asylum or protection documents. Preserve originals and provide a clear timeline; do not alter, destroy or conceal documents. An INTERPOL Red Notice is not itself an international arrest warrant or an Albanian extradition decision. The separate data-review route is explained in the guide to INTERPOL notices.

A hypothetical example: which clock applies?

Hypothetical: a foreign national is arrested at a border on an international warrant before the full file arrives. Counsel must determine whether Article 495 (arrest on warrant) or Article 494 (temporary measure) applies. Under Article 495, check the prosecutor’s 48-hour presentation, the court’s separate 48-hour validation and the Ministry’s 10-day continuation request. The 18/40-day clock belongs to Article 494. If a deadline is missed, ask the court to rule on the measure; do not assume the extradition case automatically ends.

What should family members do today?

1. Ask for the person’s exact location, the authority that made the arrest, the time recorded on the paperwork and the name of the court handling the matter.
2. Send counsel readable copies of identity documents, citizenship evidence, any court or foreign-request papers, and documents about medical needs or protection status.
3. Do not assume that an INTERPOL notice proves guilt, that a first-instance court decision authorises immediate handover, or that a custody deadline automatically ends the extradition proceedings.
4. Ask counsel to confirm the applicable treaty, the next hearing or filing date, whether an interpreter has been arranged and whether a separate custody application is needed.

For the application of refusal grounds, appeal routes and constitutional or international remedies, continue with the Albania challenge guide mentioned above. If the case is being handled in Tirana, consult the Tirana court page for local procedure. General extradition stages are also explained in How Extradition Works: From Request to Final Decision.

Lex Agency’s team coordinates cross-border defence with local counsel. To discuss a case, use the contact request page; no outcome can be promised, and urgent deadlines should be checked with counsel immediately.