Holta Seferi
Authors country of origin: Albania
Institutional affiliation: Ministry of Education, Sports and Youth
Email address: holta.seferi@arsimi.gov.al
Abstract
One of the forms of judicial cooperation with foreign authorities is the recognition and execution of foreign criminal decisions, which, more than any other form, is based on solidarity between states, strengthening and facilitating international relations, increasing trust to each other’s authorities.
Within the Council of Europe, there are two important Conventions in this field, the European Convention on the International Validity of Criminal Proceedings, The Hague, 1970 and the Council of Europe Convention on the Transfer of Sentenced Persons, 1983.
These conventions are also the main acts for the regulation of international relations in this field, which have also served as the main basis on which our legislator has relied in the formulation of the provisions of Chapter III, Title X, the Code of Criminal Procedure, Section I “Execution of foreign criminal decisions”, as well as the approval of law no. 10193, date. 03.12.2009 “On jurisdictional relations with foreign authorities in criminal matters”, as an attempt to approximate legislation with the acquis communautaire.
This article will address the provision of national and international legislation in the field of recognition and enforcement of foreign criminal decisions and its implementation in practice.
The methodology used in this article is the legal analysis of international cooperation in this field, focusing on national legislation and its application in case law, regarding the execution of foreign criminal decisions in Albania and the execution abroad of Albanian criminal decisions.
Keywords: Convention, execution, criminal decision, court, prosecutor, cooperation.
Volume 4.No.2(2021): April (Social Sciences Session)
ISSN 2661-2666 (Online) International Scientific Journal Monte (ISJM)
ISSN 2661-264X (Print)
DOI : 10.33807/monte.20211893
DOI URL: https://doi.org/10.33807/monte.20211893
Full Text: PDF
This is an open access article under the CC BY-NC-ND license (creativecommons.org/licenses/by-nc-nd/4.0/)