The Observance of the International Acts from the Albanian Penal and Procedurial Penal Legislation in Consideration to the Juvenile Protection

Abstract

The juveniles’ right bore and is getting developed as a very important branch of the law. The principals that should be followed to respect the juveniles’ rights in the normative and institutional aspect dwell there. The foundations of these principals are placed in many international acts, specific for the juveniles. This work aims to fulfill a comparative study between the international legislation and that of the Albanian state, in protection of the juvenile. The aim is a two-folded one: firstly to observe up to what stage the Albanian legislation guaranties this protection keeping in mind the international standards and secondly to identify in the specific internal laws of the Albanian government the provisions that ensure the juvenile protection. It cannot be spoken of a mere juvenile justice system in Albania that not only can recognize their rights but also execute them accurately. The first step made toward this direction is the recognition of these rights in the Albanian legislation, the ratification of different international acts in protection of the juvenile. The circle of the rights presented to the children in the internal juridical order in Albania is growing. It is of a great importance that even in Albanian the branch of the juveniles’ rights can be observed as a special branch of the justice in general with its own principals accompanied by a convenient judicial practice. This, in order that the juvenile (mainly the delinquent juvenile), can have reliefs to grow up and get developed within the social community where he lives. The internal laws that will be analyzed are: The Constitution, The Penal Code and The Code of Penal Procedure of the Albanian Republic.

DOI: 10.5901/mjss.2013.v4n9p175