- Code
- LAW 415
- Name
- Ekzekutimi i Vendimeve Penale
- Semester
- Lecture hours
- 3.00
- Seminar hours
- 0.00
- Laborator hours
- 0.00
- Credits
- 3.00
- ECTS
- 4.00
- Description
-
TThe execution of criminal decisions aims to explain, theoretically and practically, the procedures for implementing criminal court decisions according to their types. Students will be explained the ways of executing the criminal decision, the execution order as the main instrument for execution. It will also deal with the ways of putting alternative punishments into execution, the causes of suspension of the execution of the punishment, the procedure of execution of fine punishments. Requests related to the execution phase of the criminal decision, cases of postponing the execution of the decision will be handled. The ways of combining punishments, theories and systems of punishment will also be addressed. A special importance will be given to the international legislation that regulates the execution of decisions, such as the case of the supervision of persons sentenced or released on condition regulated by the European Convention for the supervision of persons sentenced or released on condition. The provisions of the execution of the criminal decision according to the European Convention on the international validity of criminal judgments will also be explained.
- Objectives
-
This course aims for students to: 1. to understand the execution phase of the criminal decision, 2. execution of criminal decisions, 3. competent bodies participating in the execution of criminal decisions, 4. the demands of the convicted person during the execution phase of the criminal decision, 5. ways of implementing different types of punishment, 6. international legislation on the execution and validity of foreign criminal decisions.
- Java
- Tema
- 1
- The meaning and object of the execution of the criminal decision. The main principles during the execution phase of the criminal decision. (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions")
- 2
- Final decisions. Understanding and interpretation of court practice for final decision and enforceable decision. (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions". Law No. 7905, dated 21.03.1995 "Criminal Procedure Code of the Republic of Albania", amended. Decision of the Supreme Court)
- 3
- The manner of execution of criminal decisions. Executive bodies of the criminal decision. Execution order as the main instrument for implementing the court decision. (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions". Criminal Procedure Code, amended. Law No. 81/2020 "On the Rights and Treatment of Prisoners and Detainees". Order of General Prosecutor No. 171, dated 29.05.2008 "On the execution of criminal decisions and their implementation", Order No. 191, dated 07.01.2016, dated 29.05.2008 "On the execution of criminal decisions and the control of their implementation".
- 4
- Calculation of sentence time. Execution of decisions with consolidating penalties. Interpretation of cases from judicial practice. (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions". Criminal Code. Criminal Procedure Code, amended. Court Decisions.)
- 5
- Execution of criminal decisions for minors in conflict with the law. (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions". Code of Criminal Justice for Minors", approved by Law No. 37/2017. Law No. 81/2020 "On the Rights and Treatment of Prisoners and Detainees", approved by VKM, dated 06.04.2022. Manual for the Probation Service.
- 6
- Execution of alternative sentences (execution of the decision in semi-freedom, suspension of the execution of the decision with imprisonment and probation, execution of the decision with stay at home, suspension of the execution of the decision with imprisonment and the obligation to perform a work in the public interest, execution of the conditional release decision). (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions". Law No. 78/2020 "On the Organization and Operation of the Probation Service" Manual for the Application of Alternatives to Imprisonment, OSCE Publication, Publishing House & Pegi Press, 2010. Probation Service Worker's Handbook, OSCE 2009.)
- 7
- Execution of security measures. Cases from judicial practice. (Code of Criminal Procedure, amended. Lara, Dh. "Comment on the Code of Criminal Procedure", Part I, Tirana 2010 (reprint), "Morava" Publishing House and Press. Trenova, G. "Commentary on security measures ", Publications "Dita 2000", Tirana 2010. Decisions of the Courts)
- 8
- Midterm Supervision of the execution of decisions and the serving of prison sentences. Special regime in high security prisons. (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions". Law No. 81/2020 "On the Rights and Treatment of Prisoners and Detainees". "Execution of Criminal Decisions - Problems of the law and of Albanian practice", Tirana, 2004, publication of the Albanian Committee of Helsinki and the U.S. Agency for International Development).
- 9
- Recognition and Execution of foreign criminal decisions. Domestic national and international acts in this field. The unifying decisions of the United Colleges of the Supreme Court that regulate the aspect of recognition and execution of foreign criminal decisions. (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions". Law No. 10193, dated 03.12.2009 "On Jurisdictional Relations with Foreign Authorities in Criminal Matters", amended. Code of Criminal Procedure. European Convention "On the international validity of criminal trials", ratified by law no. 9068, dated 15.05.2003.)
- 10
- Execution of sentencing alternatives in cases of foreign criminal decisions. Supervision of convicted or paroled persons according to the "European Convention for the supervision of convicted or paroled persons. Execution abroad of Albanian criminal decisions. (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions". European Convention on the Supervision of Persons Convicted or Released on Condition, ratified by Law No. 8724, dated 26.12.2000)
- 11
- Detention suffered in the context of judicial cooperation with foreign authorities. Problems encountered in practice and regulation by judicial practice. Criminal Procedure Code. Law no. 10193, dated 03.12.2009 "On jurisdictional relations with foreign authorities in criminal matters", amended. European Convention on the International Validity of Criminal Judgments, dated 28.05.1970. Decisions of the courts.
- 12
- The transfer of convicted persons, according to the Convention of the Council of Europe "On the transfer of convicted persons". Procedures followed by the Republic of Albania within the framework of the convention and internal legislation. (Criminal Procedure Code. Council of Europe Convention "On the transfer of convicted persons", ratified by Law no. 8499, dated 10.06.1999)
- 13
- Cases of postponement of the execution of criminal decisions. Legitimate entities to request the postponement of the execution of criminal decisions and review of the request by the court. (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions". Criminal Procedure Code, amended. Criminal Code, amended)
- 14
- Reasons for extinguishing the execution of the criminal offense or punishment during the execution phase. Prescription of the execution of the sentence. (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions". Criminal Procedure Code, amended. Criminal Code, amended)
- 15
- Execution of the criminal decision according to the European Convention on the international validity of criminal judgments. (Law No. 79, dated 25.06.2020 "On the Execution of Criminal Decisions". Criminal Procedure Code, amended)
- 16
- Final Exam
- 1
- The student must understand the execution phase of the criminal decision.
- 2
- The student must understand the competent bodies participating in the execution of criminal decisions.
- 3
- The student must understand the demands of the convicted person during the execution phase of the criminal decision.
- 4
- The student must understand the ways of implementing different types of punishment, international legislation on the execution and validity of foreign criminal decisions.
- Quantity Percentage Total percent
- Midterms
- 1 50% 50%
- Quizzes
- 0 0% 0%
- Projects
- 0 0% 0%
- Term projects
- 0 0% 0%
- Laboratories
- 0 0% 0%
- Class participation
- 1 10% 10%
- Total term evaluation percent
- 60%
- Final exam percent
- 40%
- Total percent
- 100%
- Quantity Duration (hours) Total (hours)
- Course duration (including exam weeks)
- 16 3 48
- Off class study hours
- 14 3 42
- Duties
- 0 0 0
- Midterms
- 1 4 4
- Final exam
- 1 4 4
- Other
- 0 0 0
- Total workLoad
- 98
- Total workload / 25 (hours)
- 3.92
- ECTS
- 4.00