Conference Title: International Conference in Business,Technology and Innovation 2013
Conference Title: UBT Publications
Contributing Editos: Prof. Albert Qarri, Prof. Ibrahim Krasniqi, Krenare Pireva, Evelina Bazini, Nita Abrashi
Co-Organizers: Ardian Emini, Vlora Aliu, Betim Gashi, Xhemajl Mehmeti, Kushtrim Dragusha, Murat Retkoceri, Kaltrina Bunjaku, Leonita Braha
Start Date: 2013-11-01
End Date: 2013-11-02
Venue, City, Country: : Hotel Bleart , Durres , Albania

Paper Title

Special Proceedings as an Expression of The Will of The Parties in The Albanian Penal Procedural System


Fatmir Tartale, Gerti Tartale


Special proceedings constitute the instrument with which the legislator, through variants and articulations, pursues the goal of penal policy, moving from the diversity of procedural situations, the nature of the offenses, the simplicity of the estimations, the manner of application of punishment. The legislator articulates the choice of different procedural ways. Special proceedings are provided in the Italian Code of Procedure of 1930. In Albania for the first time they are provided in the Penal Procedural Legislation of 1937 and later in the Codes of Penal Procedure of 1979, 1981, 1983 and 1995 onward. Not without significant differences regarding the actual ones, expanding over time, above all in relation to the time of the request, of the parties who have the right to demand it and of the bodies who have the right of decision, they have evolved. The uniqueness of these special procedures is seen in the plan of judicial economy that this kind of judging offers as well as in the way of putting into motion the court and the procedure of these particular specific proceedings in contrast to ordinary judicial proceeding. Since their beginnings on their origin countries and those where applied, over the years even in the Albanian criminal procedure have been necessary the quick solutions without excessive court costs that have given and now days give an important and crucial contribution in the fight against crime. These quick solutions has contribute in cutting preliminary investigations and trial procedures according type of procedure and decision against offenders very quickly, respecting the norms of a regular law process, pursuant to Article 6 of the European Convention of Human Rights.