A Critical Analysis on the Summary Judgment Based on the Penal Procedural Code of the Republic of Albania

Abstract

After the fall of the communist system, the new Penal Procedural Code of the Republic of Albania was approved by the Law no. 7905, dated on 21.03.1995 and entered into force on august 1st, 1995. This Code compared to the other Penal Procedural Codes of communism period, is different, as it is contemporary and democratic, aiming to determine procedural regulations on criminal acts judgment, as well as providing defense and warranty of the defendants’ rights and freedom along penal process. This Penal Procedural Code provides a new element, the summary judgment, which was not provided before by previous Codes of communism regime. Taking into account that judges, lawyers, prosecutors and other officials of the judiciary, were not familiar with this element, since the very beginning it was a real issue in the context of its accuracy and its right. The goal of this paper is to handle, and summarize the summary judgment in accordance with the Penal Procedural Code provisions of the Republic of Albania. The first case will provide legal procedures that regulate the aggregated decision, provisions provided by Penal Procedural Code. In this case legal provisions will be given, not only merely based on findings, but also on the context of viewpoint, in a critical aspect and issues related to the judiciary practice. The second case we will have to review issues came across in the judiciary practice in Albania related to aggregated decision. Herein after, we will have to review the Unified decision of the High Court no. 2 dated on 29.01.203, as well as some other decisions of the Constitutional court, where their main topic of review is particularly the aggregated decision. Main hypothesis to present in this paper is: Does the Penal Procedural code fully and fairly regulate the aggregated decision? The answer related to this question is No. The code does not fully effectively regulate this procedural element. At the end of this paper, I will provide the achieved conclusions and also the biography where it is based upon.

DOI: 10.5901/ajis.2015.v4n2s2p89