Direct Trial According to Albanian Criminal Procedural Legislation

Abstract

Our Code of criminal procedure regarding special trials is characterized from the binomial of direct trial and abbreviated one. The direct trial provided by articles 400-402 of this code, different from the phases of ordinary trial procedure holds in itself several features which generally can be more evident in judicial process economy, the avoidance of delays of judicial hearings, but even in corruptive phenomena prevention which are not rare during the evolvement of judicial processes. Exactly the direct trial being very different from the ordinary judgment procedure, as the term of preliminary investigations is “substantially” very reduced, can be considered to enter with full rights in the category of alternatives of trials provided by our code of criminal procedure. In interpretation of provisions of this code it is noticed that the direct trial can be applied in two typical cases: firstly basing on article 400 paragraph 1 of the Code of Criminal Procedure this type of judgment is applied when “the defendant is arrested on view/spot”, and secondly basing on paragraph 3 of article 400 of Criminal Procedure Code, when “the defendant during the interrogation, has confessed and his guilt is plain”.

DOI: 10.5901/ajis.2014.v3n6p137