Statute Law and Criminal Proceedings over the Years 1944 – 1992 in Albania

Abstract

Criminality has existed since the constitution of the state every society in all stages of its growth has responded and called for certain positions towards behaviors and attitudes that conflicted with its stakes and the reigning political class. The history of the evolution of the criminal process, criminal evidence, proof search tools and criminal jurisprudence in general, presents not just historical but also to sympathize and know this operation better at all phases of its evolution. Evidence and the process of proving, has been further developed by social relations, political conditions, economic and social evolution that cause existed in certain phases of our societal evolution. During the period of years 1994 - 1992, legislation changes have occurred with various developments and in contradiction not only to criminal proceedings and the legislation of the countries of Western Europe, but with the Eastern countries, as well. Criminal and criminal procedural legislation of Eastern countries did not recognize regression and serious violations of the criminal process rights, as the criminal process encountered over the years 80s, with legislation adopted based on the 1976 Constitution. Criminal Procedural legislation in the Republic of Albania, underwent changes with the espousal of the Criminal Procedure Code, Law No. 7905 dated 21.03.1995 by aligning it to the democratic procedural systems with adversarial character, full equality of the parties at trial and with enhanced rights of criminal prosecution bodies during the preliminary investigations, which are verified and determined by the tribunal.

DOI: 10.5901/mjss.2015.v4n1p247