Penal Order: A New Procedural Instrument in Criminal Justice in Albania

Lirime  Çukaj Papa; Blerina  Reci Xhakolli; Iris  Pekmezi

doi:10.36941/jesr-2024-0105

Authors

Lirime Çukaj Papa Prof. Assoc., Lecturer in the Criminal Department, Faculty of Law, University of Tirana, Tirana, Albania
Blerina Reci Xhakolli Prof.Assoc. Dr., Head Department of Psychology, Faculty of Education, "Aleksander Moisiu" University, Durrës, Albania
Iris Pekmezi Head of Legal Department, One Communication Company, Tirana, Albania

DOI:

https://doi.org/10.36941/jesr-2024-0105

Keywords:

Common judgments, special judgments, criminal order, administrative offense

Abstract

The judicial practice surrounding the application of criminal orders in Albania remains unconsolidated due to the relatively recent introduction of this trial type within the special trials section of the Code of Criminal Procedure. The 2017 amendments to criminal procedural legislation, now being implemented in judicial practice, have highlighted several challenges that require further examination. This article aims to analyze the criminal order as a new procedural institution in our criminal justice system. The discussion will cover the necessity for amendments in the Code of Criminal Procedure and the inclusion of special trials. It will also examine various aspects such as the prosecutor and court's review of criminal orders, the convicted person's right to object to the approval of these orders, the potential for other special judgments following the rejection of a criminal order request, and practical issues in the implementation of such judgments. The paper concludes with a summary of findings and recommendations pertinent to the topic.

Received: 20 February 2024 / Accepted: 29 June 2024 / Published: 5 July 2024