Theoretical and Practical Issues of Freedom Deprivation for Juveniles in Procedurial Albanian Legislation

Jola Xhafo
Abstract:
Reforms undertaken after 90’s have brought progress in legislation changes and compliance with international standards. This goal is also supported from the membership of our country in several international organizations and ratification of international legal acts. Legal reforms have brought many positive aspects in terms of guaranteeing the procedural position of juveniles and respect their rights at all stages of criminal proceedings. One of the most important aspects of the process is the one related to the freedom deprivation in terms of which are sanctioned a number of principles and procedural rules. Despite positive steps, the Procedural Penal Code should be subject to further amendments and improvements regarding procedural provisions for the treatment of juveniles during criminal proceedings. This article seeks to analyze the specific guarantees and particularly procedural rules related to deprivation of personal freedom as well as issues associated with the treatment of juveniles at this stage. The paper will focus primarily on: - The issues on special protection of juveniles in criminal proceedings and cases of freedom deprivation in the framework of the international standards. - Reflecting the concrete situation and the judicial practice issues, in the framework of the Jurisprudence of the Criminal College of the Supreme Court. - Drawing concrete conclusions and recommendations in regard to the current stage of reflection of the international standards on minors freedom deprivation in the penal legislation and its implementation in practice, as well as the concrete needs for improvement through legal interventions and institutional arrangements.

Keywords:
juvenile, criminal proceedings, security measures, freedom deprivation, pre-trial detention

Full text available in PDF: Academicus-MMXII-5-043-059.pdf

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