Abstract
Except the normal criminal procedure, the Albanian criminal procedure recognizes and provides the alternative trials rituals, or the alternative trial procedures, like the case of judging the case through an abbreviated trial. It must be underlined that “special trial” notion provided for an abbreviated trial is exactly referred to the cases of avoiding the rules of Criminal Procedure Code provided for an ordinary way of judgment. The procedure of abbreviated trial fundamentally consists in leaving the normal proceeding way of an ordinary trial, as this procedure of judicial examination is interrupted because of the request submitted by the defendant. In this paperwork some of issues encountered during the abbreviated trial will be treated theoretically and practically. A special importance will be given to specifying the subjects who can submit a request for abbreviated trial, the procedural moment of presenting this request. The way of presenting the request for an abbreviated trial and the considerations upon granting consent by the prosecutor will also be analyzed. DOI: 10.5901/mjss.2015.v4n1p189
Highlights
Except the normal criminal procedure, the Albanian criminal procedure recognizes and provides the alternative trials rituals, or the alternative trial procedures, like the case of judging the case through an abbreviated trial
About the content of request, written or verbally made in judicial hearing, we recall that it must have some indispensable elements like the identity of defendant and of his attorney, the right legal reference of provisions of criminal procedure code about advancing the request for an abbreviated trial, the evidences on which basis the case is brought to be judged, the criminal file charged on defendant, and the right argument why the case can be resolved in the situation the facts are in the file of trial
It must be underlined that in cases when the prosecutor declares to be against the acceptance of request for abbreviated trial, this must hold even the legal obligation to argue with reasons why the court must not approve such request. If this becomes a legal obligation for the prosecutor to argue the refusal of request by giving reasons, always if they really exist, it is possible to avoid in practice the abusive refusals regarding the request for an abbreviated trial. In synthesis of this paperwork on abbreviated trial regarding the way of submitting the request for this kind of trial, we think that the formulation of request in written is more productive
Summary
Article 403 of Criminal Procedure Code (Request for abbreviated trial) in its paragraf 1 cites that: “The defendant or his special attorney may require that the case terminates until the court examination starts”. In general in authoritarian doctrine (Islami, Hoxha, & Panda, 2010)it is reasoned that in order to qualify the defendant’s lawyer as legitimated to ask for an abbreviated trial, he must be supplied with a representation act, where it is expressively given the right to ask for abbreviated trial of criminal case This conclusion of doctrine is based on interpretation made to article 50 paragraph 1 of Criminal Procedure Code, provision which provides that “The defense counsel enjoys the rights the law recognizes to the defendant, except those preserved to the latter in person.”. We underline that here it is not prejudiced the possibility that the defendant who asks for an abbreviated trial, can even be declared not guilty in the final sentence, but virtually considering that this trial is held “with blocked evidences” and as a result there can’t be any claims regarding the invalidity of evidences, the choice of sort of applied trial, must be an expression of authorized will by the side of the person, whose interests are directly affected
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