The Pre-trial Phase in a Criminal Proceeding: Ideas for an Effective Process within a Reasonable Time

Abstract

Article 6.1 of European Convention of Human Rights (the Convention) and article 42.2 of Albanian Constitution (the Constitution) guarantee to everyone who is subject to criminal proceedings the right to a final decision within a reasonable time. According to the so called “principle of determination”, which governs the criminal procedure, the power of initiative rests with the parties who must take all appropriate steps to accelerate the process, but this principle does not however dispense the courts from ensuring an expeditious trial as required by Article 6. Judges and the parties in the process are under a duty to show diligence. The Convention imposes responsibility on the State to organise its legal system in such a way to enable the courts to examine the case within a reasonable time. The Albanian Code of Criminal Procedure (CCP) foresees alternative procedure for the adjudication of the disputes, and one of them is the abbreviated trial. It simplifies and shortens the time of trial, increases the effectiveness and the defendant benefits a reduction of the 1/3 of the sentence and a non application of life imprisonment. Under no circumstances, these benefits must not be to the detriment of providing justice and the court, which is not set in motion ex officio, but upon the defentant’s request, accepts it only when is convinced that the issue can be resolved on the basis of the documentary evidence collected till that moment. When the court proceed with abbreviated trial, one of the longest stages of judicial proceeding, which is judicial review, is replaced by "discussion about the issue". In this content this paperwork will analyze the meaning of “the state in which the acts are”, the issue of changing legal qualification of the criminal offense and if the parties can have claims regarding the invalidity of acts or the non-utility of evidence.

DOI: 10.5901/mjss.2016.v7n6p105