Criminal Justice Treatment Rights of the Defendant during the Criminal Process. Implementation of Legal Norms in Favor of the Defendant

Abstract

In criminal process the defendant is one of the main subjects of law. Deprivation of liberty places the individual in a situation extremely vulnerable. It is important that the deprivation of liberty to be more limited and strictly follow the procedure defined in international documents and national legislation. The right not to be deprived arbitrarily of their liberty is a fundamental right and is expressed in all documents for human rights. Personal freedom is closely related with the concept of human dignity and it is a prerequisite for enjoying freedom and other human rights. Albanian legislation, provides a number of legal provisions which guarantee the defendant a due process. Through these legal norms, the defendant is placed in the same position with the other party in the process, respectively the prosecutor. It is important implementation in practice of legal norms that guarantee the rights of the defendant in a criminal process. The fact is that there is no supervisory authority to monitor how realistically and effectively these provisions are enforced in favor of the defendants, and the courts.In this case, monitoring will have a direct impact on criminal process and can serve as protection from maladministration of justice.This study will be based on a detailed survey, using descriptive scientific research methods, analyzing the Albanian legal framework, improvements that need to be made in the borrowing of successful instruments from foreign countries.

DOI: 10.5901/mjss.2013.v4n9p766