Some Aspects Of The Legal Fair Proceedings In Criminal Cases According To Domestic Law In Albania And According To International Law

Abstract

In a state of law, the effective recognition and guarantee of fundamental human rights and freedoms is the basis of its existence. The domestic legal order of any democratic state, as well as the international acts provide even the mechanisms that guarantee the real existence and effective exercise of human rights. One of the most important mechanisms that serves in this regard is to ensure the implementation of the principle of fair legal process, which is provided for by both domestic and international law.

According to national and international legal acts, fundamental human rights and freedoms cannot be violated without guaranteeing the individual a fair legal process for the protection of these rights. Fair legal process finds its application both in the criminal field, which means the investigation and adjudication of criminal charges that may be brought against an individual, and in the civil field, which includes the adjudication of civil disputes, for example, ownership, contracts, inheritance, causing damage, etc., between the parties in the process. It is a fact accepted by all lawyers that the implementation of a fair legal process is of a high importance in the criminal cases. This is due to the fact that in the case of criminal charges the most important rights of the individual are more endangered or violated than in the case of civil disputes.

In this scientific work we will address the problems that appear in the implementation of fair legal process only in the criminal cases. This approach will be made in two main issues. The first issues will address the elements of a fair legal process according to the domestic law in Albania. In the second issue we will talk about the definition of this principle according to the most important international acts, where a special place will have the European Convention on Human Rights and the practice of the Strasbourg Court. The determination of the principle of a fair legal process in the criminal field will be done by us, seeing the application of this principle in the critical aspect, as well as confronting it with the domestic and international judicial practice. At the end of the scientific work will be given the conclusions and recommendations regarding the issues addressed, as well as the bibliography on which this work is based.