INTERNATIONAL STANDARDS AND ALBANIAN LEGISLATION RELATING TO THE RIGHT TO COMPENSATE TO CRIME VICTIMS

Prof.Asoc.Dr.Adrian Leka

Adrian.leka@unishk.edu.al

Luigj Gurakuqi University, Faculty of Law, Shkodër, Albania

Square “2 Prilli“, nr.24

Shkodër, Albania

 

Msc.Eraldi Ndoj

eraldindoj@gmail.com

University of Tirana, Faculty of Law,Albania

“Milto Tutulani“ Street

Tirana, Albania

 

Entry

 

Increasing the opportunity for victims of crime to turn to the judiciary is one of the most important goals in democratic societies and, consequently, in our country. The victim’s right to compensation is an important aspect of this opportunity. The purpose of this paper is to analyze this right and how it is implemented in our country and internationally. The study first analyzes the right to compensation of victims of crime under international law, examining acts of international law related to the rights of victims, the fight against trafficking, the rights of migrants, the rights of workers and the rights of victims of violence due to gender. Subsequently , the study analyzes the Albanian legislation in this aspect, focusing especially on the 2017 amendments to the Criminal Procedure Code.

 

Some terms used and their meaning in the literature

 

The terms “indemnity,” “reparation,” “repayment,” and “reparation” are often used for concepts that are the same or very similar, meaning, to make amends for someones loss, damage, wrongdoing , especially through appropriate payment ” [1]. Often, in the literature and studies, the term “indemnity” refers to the general concept of payment to the person, regardless of the source of payment or the mechanism used or the types of losses that are compensated. Thus, compensation includes compensation from state-funded schemes, as well as rewards given in criminal, civil or labor law proceedings.

 

“Compensation for damage” is used in a narrower sense, because it refers to “the amount of money that belongs to the person affected by the criminal offense, received as compensation by the perpetrator of the criminal offense [2]. ” Compensation excludes compensation in cases where the source of funding is the state scheme, and therefore the term “compensation (indemnity)” is used in the context of civil and labor proceedings. Compensation claims may contain several different elements (e.g., pain and suffering, medical expenses and unpaid wages) or a single element (e.g., unpaid wages). These elements can be classified into broader categories as “non-pecuniary” and “material” damage.

Volume 10, No.1 (2025): April

ISSN 2661-2666 (Online) International Scientific Journal Monte (ISJM)
ISSN 2661-264X (Print)

DOI :  10.33807/monte.20253286

DOI URL:  https://doi.org/10.33807/monte.20253286

Full Text: PDF

This is an open-access article under the CC BY-NC-ND license (creativecommons.org/licenses/by-nc-nd/4.0/)