Consequences of the Final Civil Decision in the Criminal Trial Pursuant to the Albanian Legislation

Abstract

Judicial jurisdictions are separated; the criminal court has the jurisdiction to adjudicate charges brought by the prosecution, whereas other jurisdictions are exercised by the civil court and the administrative court. Thus, civil cases or in other words disputes between private entities, such as contractual obligations or inheritance issues, etc., are settled by the civil court, while disputes between individuals and public administration fall within the scope of administrative jurisdiction. Therefore, depending on the type of case, in Albania there are courts with separate judicial jurisdictions. However, in quite a few cases we might face cases where the different judicial jurisdictions are interwoven between them, in other words the consequences of a civil trial can affect the criminal trial. This paper will analyze the legal provisions in Albania, how to act in cases of resolving a case with a final civil decision in relation to facts, which are also being adjudicated in the criminal process. This paper will also analyze the role of the final civil decision in the criminal trial. Domestic court practice will be considered in terms of the impact that a civilly resolved case by a final court decision has on a criminal case.

Received: 31 May 2021 / Accepted: 31 September 2021 / Published: 5 November 2021