Arrest is one of the most serious actions that law enforcement authorities can undertake.
However, every person arrested in Albania enjoys rights guaranteed by the Constitution and the Code of Criminal Procedure.
In this article, Lawyer Vladimir Sadikaj clearly explains what these rights are and how every citizen can protect themselves legally.
1. The Right to Know the Reason for the Arrest
Every person has the right to be immediately informed of the reason for their arrest and the charges against them.
The police are required to read the suspect’s rights clearly and in a language they understand.
Failure to follow this procedure may render the arrest invalid in court.
2. The Right to Contact a Lawyer
The arrested person has the right to contact a lawyer of their choice immediately, or if they cannot afford one, a state-appointed defense lawyer will be assigned.
The lawyer must be present during any questioning or police procedure.
Lawyer Vladimir Sadikaj emphasizes that any statement given without the presence of a lawyer may have no legal value.
3. The Right to Notify Family Members
According to Albanian law, a detained person has the right to inform their family or close relatives about their arrest.
If the arrested person is a foreign citizen, the authorities must notify the relevant embassy or consulate.
4. The Right to Be Treated with Dignity
No person may be subjected to torture, inhumane, or degrading treatment during arrest or detention.
This principle is guaranteed by the Constitution of the Republic of Albania and the European Convention on Human Rights.
5. Legal Time Limits for Detention
According to the Code of Criminal Procedure, a person may be held in custody for a maximum of 48 hours.
Within this period, the prosecutor must decide whether to request imprisonment, house arrest, or immediate release.
6. The Right Against Self-Incrimination
The arrested person has the right not to answer questions that may incriminate them.
This is a fundamental defense right, and any attempt to pressure or force a confession is strictly prohibited by law.
7. How to Act in Case of Arrest
If you or someone close to you is arrested:
• Request the presence of your lawyer immediately.
• Do not sign any documents without reading them carefully.
• Do not give statements without legal advice.
• Request a copy of the detention report.
Advice from Lawyer Vladimir Sadikaj
• Knowing your rights is the first step to protecting yourself.
• Never accept any procedure without your lawyer present.
• Any police misconduct can be challenged in court.
• Professional legal defense is your guarantee for justice.
Conclusion
Albanian law guarantees that every person, regardless of accusation, has the right to a fair process and protection from abuse.
For legal advice, defense, or representation in criminal cases, contact:
Lawyer Vladimir Sadikaj
📞 +355 69 30 46 47 9
