The process of a fair trial constitutes an important part of human right standards, for which Albania is making efforts to develop. Article 6 (1) of the European Convention on Human Rights (ECHR), being the main tool in the area of fundamental rights and freedoms, lists the components of a fair, independent, impartial, legal and public trial within a reasonable time applicable in both civil and criminal trials. The paper aims to present an overview of the evolution of this principle in the Albanian constitutional system in order to understand how this principle has evolved in a former dictatorship such as Albania and how much this principle conforms to the standards sanctioned under Article 6 (1) of the ECHR. As one of the most significant legal events in Albania, judicial reform’s impact on the justice system is also analysed regarding the application of the standards of a fair trial. Naturally, all components of a fair trial are of essential importance, but considering gaps in enforcement and issues of their practical misinterpretation, this paper is focused in components such as: access to justice, trial within a reasonable time and trial by an independent and impartial court. Through the jurisprudence of the Albanian Constitutional Court and European Court of Human Rights on cases against Albania, the present paper outlines and seeks to address the matters of enforcement of such components in the Albanian system, such as: How is the constitutional defence of a free trial provided and what has been the Constitutional Court’s role in this regard? How have ECHR’s guidelines on cases against Albania affected the correction of misinterpretations in the national system? How has the judicial reform affected the enforcement of such components, and what are the subsequent problems and challenges? In conclusion, we present some opinions regarding the need to increase the standard of the defence of these components referring to a fair trial, particularly in the area where the largest number of problems have been identified by the practice. Received: 21 August 2022 / Accepted: 10 October 2022 / Published: 5 November 2022
Due to age and development stage, juveniles enjoy a special status in relation to adult persons. The status as a juvenile in the criminal field raises the request for treatment in accordance with the physical-psychic characteristics of the juvenile and his educational needs. The punishment system is an important component of the criminal justice system for juveniles. As such, it must respond to requests for a special treatment consistent with the personality of juveniles and individual education needs. This system should be oriented towards the goal of education and rehabilitation of the juvenile. In accordance with the international standards of juvenile justice and contemporary legislation, the Criminal Code of the Republic of Albania (CC) has sanctioned a number of rules that allow for special treatment for juveniles in the area of the punishment system. Despite the positive aspects, the provisions of the Code were insufficient in view of the requirements of international standards and the need for education and reintegration. The legal reform which also included the criminal justice system for juveniles brought a number of changes in the area of juvenile punishment system too. With the entry into force of the Juvenile Criminal Code (JCC) it was possible to establish a special and autonomous system of penalties applicable to juvenile offenders. The implementation of this system serves a friendly juvenile justice aimed at avoiding the negative effects of imprisonment and tends towards social rehabilitation and reintegration. This study discusses the novelties brought by JCC in terms of the meaning, classification and determination of juvenile sentence system and it will be reflected in relation to the challenges of the effective implementation of the provisions relating to the punishment system. Conclusions will also be drawn regarding the compliance of this system with the request for special treatment of juvenile perpetrators and the need for integration and reintegration.
In the treatment of juvenile ofenders in modern systems, priority is being given to procedures aimed at reconciliation and mediation, damage repair and the implementation of alternative measures to restrict freedom. The entirety of such proceedings fall within the concept of restorative justice. Restorative justice is of particular importance in the treatment of juveniles by the criminal justice system, as its main purpose is not to punish the perpetrator but to find methods that promote reintegration into society. One of the mechanisms that underpins restorative justice for juveniles that guarantees the success of education and reintegration in society is mediation in criminal conflicts. The mediation aims to engage the perpetrator in repairing the damage caused by the criminal offense as well as to restore reconciliation relations between the victim and the perpetrator. In this way, mediation procedures are of particular importance in the context of criminal law as they promote the values of dialogue and reconciliation in the way of conflict resolution and provide alternative solutions to criminal sanctions. In criminal cases involving juvenile offenders, the application of mediation procedures brings a number of positive aspects as it serves the immediate rehabilitation and reintegration of the juvenile offender as the primary aim of juvenile justice. Implementation of the mediation alternative leads to a better understanding of legislation in this area as well as an increased awareness of enabling application as one of the forms of intervention against juvenile delinquency. Restorative justice is already part of the juvenile criminal legislation following the entry into force of the Juvenile Criminal Code, which brings a new perspective to the implementation of restorative procedures in accordance with the principle of protecting the best interest of the minor. The paper focuses on the role and importance of mediation procedures and their sanctioning in Albanian legislation. The paper will analyze albanian mediation legislation as a positive achievement in the context of promoting the process of restorative justice in juvenile matters. Conclusions will be drawn and recommendations will be identified regarding deficiencies in legal regulations as well as the practical implementation of mediation procedures for juveniles.
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