Procedurë Penale I

Print

Ermira Tafani, PhD

Code
LAW 411
Name
Procedurë Penale I
Semester
Lecture hours
3.00
Seminar hours
1.00
Laborator hours
0.00
Credits
3.50
ECTS
6.00
Description

Criminal procedural law studies the criminal procedural rules of a criminal process in all its phases, the controversial problems in the practice of the criminal procedure, as well as the decisions to solve these problems with the decisions of the Constitutional Court or the Supreme Court.

Objectives

The program of the subject "Criminal Procedural Law" aims to acquaint the student with: • The understanding of criminal procedural law, with the history of its development in the Republic of Albania and its compatibility with international acts and the applicable legal framework in relation to it. • Subjects of criminal proceedings, jurisdiction, powers, their role, their rights and obligations, as well as the way of functioning during this process. • Criminal procedural acts, notifications and their deadlines. • Evidence in a criminal process, the way of obtaining and gathering them for proving the guilt of the perpetrators of criminal offenses, their invalidity and unusability. • Personal security measures for perpetrators of criminal offenses, types and criteria for their placement. • The procedures that are followed in a criminal process in the investigation and trial phase until the final judicial decisions are made, as well as with their execution. • Jurisdictional relations with foreign authorities in the criminal process and the International Criminal Court. • Controversial problems in the practice of criminal procedure, as well as the decisions to solve these problems with the decisions of the Constitutional Court or the Supreme Court.

Java
Tema
1
The meaning and history of the development of criminal procedural law 1. Meaning and content of criminal procedural law 2. The development of criminal procedural legislation in the Albanian state Textbook Teacher's lectures In this topic, preliminary knowledge on the meaning of the subject, the object of its study, its general principles, the connection with other branches of law, as well as its sources, will be dealt with. Also, an overview of the historical development of criminal procedural law in Albania will be presented.
2
Compliance of Albanian legislation with international standards of criminal procedure The main principles of criminal procedure Textbook Teacher's lectures In this topic, a comparative analysis of Albanian procedural legislation with international acts will be made, with the aim of studying the implementation of international principles of law in Albanian procedural criminal law.
3
Subjects of criminal proceedings 1. Court 2. Prosecutor 3. Judicial police Textbook Teacher's lectures
4
Subjects of criminal proceedings 1. The defendant 2. Defendant's lawyer Textbook Teacher's lectures
5
Subjects of criminal proceedings 1. Victim of a criminal offense 2. Accusing victim and civil responsibility Textbook Lectures of the lecturer
6
Jurisdiction and competence 1. Jurisdiction 2. Competence: 2.1. Subject competence 2.2. Territorial jurisdiction 2.3. Jurisdiction due to joint of related proceedings 2.4. Incompetence 2.5. Disputes about competences 2.6. Joint and division of cases 2.7. Transfer of the case Textbook Teacher's lectures
7
Acts, notification and deadlines 1. Acts: 1.1. The method of compilation of acts 1.2. Substitution of acts 1.3. Acts of the court 1.4. Acts for procedural actions 1.5. Translation of acts 1.6. Invalidity of acts 2. Notices 2. Deadlines Textbook Teacher's lectures
8
Evidence 1. The meaning of the evidence 2. Object of proving 3. The process of proving and its stages Textbook Teacher's lectures
9
Types of evidence 1. Testimony 2. Question of the defendant and private parties 3. Confrontations 4. Recognitions Textbook Teacher's lectures
10
Types of evidence 1. The experiment 2. Expertise 3. Material evidence 4. Documents Textbook Teacher's lectures
11
Means of evidence search 1. Examinations 2. Controls 3. Seizures 4. Interceptions Textbook Teacher's lectures
12
Other ways of searching the evidence 1. Indirect evidence 2. Provision of evidence Textbook Teacher's lectures
13
The evaluation of the evidence Invalidity and uselessness of the evidence Textbook Teacher's lectures
14
Security measures 1. Personal security measures 1.1. Restrictive measures 1.2. Preventive measures 1.3. Conditions and criteria for assigning personal security measures 2. Assignment and implementation of security measures. Textbook Teacher's lectures
15
1. Flagrancy arrest 2. Detention of a suspect for a crime 3. Evaluation of flagrancy arrest and detention 4. Duration of security measures 5. Revocation, replacement and extinction of security measures 6. Compensation for wrongful imprisonment 7. Property security measures Textbook Teacher's lectures
16
Final Exam
Quantity Percentage Total percent
Midterms
0 0% 0%
Quizzes
0 0% 0%
Projects
1 30% 30%
Term projects
0 0% 0%
Laboratories
0 0% 0%
Class participation
1 10% 10%
Total term evaluation percent
40%
Final exam percent
60%
Total percent
100%
Quantity Duration (hours) Total (hours)
Course duration (including exam weeks)
16 4 64
Off class study hours
14 6 84
Duties
1 0 0
Midterms
0 0 0
Final exam
1 2 2
Other
0 0 0
Total workLoad
150
Total workload / 25 (hours)
6.00
ECTS
6.00