Training Activity: Terms of detention under Article 263 of the Code of Criminal Procedure, seen under the point of view of amendments of the Code of Criminal Procedure

In the context of the Program of Continuous Formation, the School of Magistrates organizes on 20 – 21 March 2023 the activity on topic: 

“Terms of detention under Article 263 of the Code of Criminal Procedure, seen under the point of view of amendments of the Code of Criminal Procedure in relation to the phase of preliminary investigation and phase of preliminary judgment. The extension of the term of detention and the connection with the proceedings term.”

The panel in this training activity is composed of:   

1. Experts of the School of Magistrates:

• Gerd Hoxha
• Ornela Rrumbullaku

1. Facilitator of the School of Magistrates:

• Aurel Arapi

In this activity were elaborated various topics such as:

• Terms of detention;
• The extension of the term of detention;
• New charges and the change of qualification; 
• The extension of the term of detention;
• Detention depending on the measure of penalty; 
• Suspension of detention terms; 
• Release from prison; 
• What would be the action in the case of the security measure, “Temporary hospitalization in a psychiatric hospital”, foreseen by the Article 239 of the CCP, in the case of the exceeding of deadlines foreseen in the Article 263/1, letters (a), (b), or (c)  of the CCP? This question is presented considering that in the CCP there is not any legal anticipation on the limits of the terms of keeping these people in special institutions and that the only anticipation is that of 1 year term of the revaluation of the medical measure, (Article 46 of the Criminal Code). While the Italian CCP has foreseen explicitly the enforcement of detention terms even for this security measure;
• In the case of the annulment of the final decision under the Article 450 of the CCP (Review Cases), should be considered the application for the annulment of the security measure when are exceeded the terms under the Article 263 of the CCP, considering the fact that already the convicted keeps the same procedural position?
• What would we understand with the anticipation of the Article 264/3 under which, “The extension of the term of detention cannot exceed half of the maximum of the sentence foreseen for the criminal offense under proceeding.”
• Should this mean that for a criminal offense for which is foreseen a punishment of 10 years imprisonment, half of its maximum is 5 years, consequently may be allowed the detention up to 5 years, while the total term for this criminal offense, foreseen by the Article 263/6, letter (b) is 2 years? How do you consider this provision? Does it have coherence with the Article 263/6 of the Code?