The alternatives of imprisonment according to the Albanian Law and the ways of surveillances

Admir Belishta
Abstract:
This paper considers different alternatives to Sentence to a Term of Imprisonment listed in a chapter with the same title, in the Articles 58-64 of the Albanian Criminal Code. This approach to such subject reflects not only the reality of how the judicial system in Albania operates, but, because of the purpose and the positive changes that the implementation of these alternatives to sentence to a term of imprisonment brings, it is also a permanent requirement of the international community. In this note I have focused in three important quests: theoretical interpretations of these criminal code provisions, examples from court’s practices as well as problems and challenges that might arise, and lastly, the procedures required for their implementation. Moreover, in considering the procedural challenges, the conditional sentence (Article 59), semi freedom (Article 58), house arrest (Article 59/a), community service (Article 63) and conditional release or parole (Article 64) of the Criminal Code, I have also presented my personal view on the matters. My thoughts and suggestions add to the explanation and elaboration of this subject not only from the practitioners’ points of view, but they also add to the intellectual discussion among those who exchange ideas and theories on the subject. This concludes the intent and purpose of this note, which focuses on a topic that is very current today.

Keywords:
the alternatives of imprisonment; probation service; semi release; the conditional sentence; parole; house arrest; community services

Full text available in PDF: Academicus-MMXV-12-244-259.pdf

Digital Object Identifier (DOI): http://dx.medra.org/10.7336/academicus.2015.12.17

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