Issues of Criminal Procedures Relating the Juvenile Freedom Deprivation

Abstract

Freedom is one of the fundamental rights sanctioned in a number of international human rights acts when the European Convention on Human Rights is the main framework. Freedom is considered a fundamental right and is guaranteed also in the Albanian Constitution. Being a fundamental right it can be limited any by law. In order to prevent the arbitrary violation of this right, the article 27 of Constitution determines limited cases of freedom deprivation. The article 28 of the Constitution, also foresees some guaranties and rights for persons deprived from liberty. These rights and guaranties are completed in specifies laws when the Criminal Procedure Cod is a crucial one. The Criminal Procedure Cod provide also special rules to safeguard the rights and the interest of juveniles throughout the deprivation of liberty preceding. However in the justice organs practice still there are problems in fully implementing these rights. The article will address issues related the criminal procedure and the legal guaranties related the deprivation of liberty based on the national legislation and international standards. The paper will focus mainly on the special standards relating the protection of juveniles taking in consideration the special needs of this group. In the framework of Procedural Criminal Code rules, international juridical acts and the court practice, concrete conclusions will be drawing in regard to the actual situation related with the respect of the juvenile rights on this stage of proceeding. Considering the current situation, recommendations will be displayed relating the legal and institutional improvements are needed in order to comply with international standards on children’s rights.

DOI: 10.5901/mjss.2015.v6n2s5p199