Penal Mediation in the Framework of Juvenile Deliquency in Albania. Education or Re-education

Abstract

In this study I will attempt to provide the readers a clear overview of Albanian legislation in the field of penal mediation, further referring to mediation in the framework of juvenile delinquency which is its specific scope. Criminal acts cause serious consequences to both the victims and offenders. Accordingly, there is a need to further explore their deviant behavior for the purpose of rectification and rehabilitation. Thus, mediation becomes an incentive for rehabilitation of the victim and of the accused. A criminal imprisonment sentence against the accused often causes their depersonalization and creates an insurmountable distance between the convict and the social community he/she belongs to. Mediation in criminal matters as provided for in the Albanian legislation in force encompasses the possibility of litigants to resolve conflicts between them through accountable cooperation in order to find an amicable settlement. The mediator gives room to conduct negotiations in criminal matters. Though, the scope of application of penal mediation, not only in Albania but beyond, is unfortunately limited to a restricted number of provisions, mainly referring to criminal contraventions.

DOI: 10.5901/ajis.2014.v3n4p269