Dr. Adrian Leka
University of Shkodra “Luigj Gurakuqi”
Faculty of Law
leka-ad@live.com
Abstract
The two concepts of “criminal charge” and “criminal case” differ from one another, so they should be elaborated separately. Both are part of the meaning of the right to due process of law and represent different expressions of the phrase used in Article 6 of the European Convention for Human Rights and Fundamental Freedoms (the Convention); “the credibility of any charge of a criminal nature that is directed to him”, or Article 42/2 of the Albanian Constitution; “accusations brought against him”. The criminal charge has to do with the moment when the right to due process of law starts, namely the determination of the moment when we are dealing with a criminal charge, which forces the body that has filed this charge to provide procedural guarantees arising from a due legal process. Meanwhile, the criminal case has to do with the essence of the charges brought against the persons, which means that it is necessary to determine whether it is criminal or not, and depending on this fact, whether or not it should be adjudicated through a due legal process.
Key words: criminal charge, criminal accusation, criminal case, charge, accusation, criminal.
No.1 April 2020
ISSN 2661-2666 (Online) International Scientific Journal “Monte”
DOI : 10.33807/monte.202004648
DOI URL: https://doi.org/10.33807/monte.202004648