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| | | Article Name : | | | Plea Agreement, as a Delayed Novelty in Albanian
Code of Criminal Procedure | | Author Name : | | | M.Sc. ALFRED BALLA, M.Sc. XHULIO DOKU | | Publisher : | | | Bridge Center | | Article URL : |  | | | Abstract : | | | The latest amendments that were implemented to the Criminal
Procedure Code of Albania, in 2017, as part of an important legal
reform that was undertaken in our country, brought important
novelties to criminal trial’s procedures, which were expected to improve
the legal means of ensuring the right for a fair trial. One of the most
prominent legal institutes, which were recently adopted by such
amendments, is the plea agreement.
A plea agreement, alias a plea bargain, is nothing else but a
preliminary request made to the judge for accepting the plea, which
directly affects the conviction, the type of the sentence, and also brings
procedural consequences related to the execution of the sentence. Such
request is jointly drafted by the defendant and the prosecutor, as
previously agreed by the latter.
The aim of this Article is to provide a thorough analysis of the
criminal procedures that shall be carried out by the Court, in cases
when a plea agreement is submitted by the defendant and the
prosecutor. What are the features of this judgment of a particular
kind? What does the international criminal practice of the countries
that have previously adopted plea agreement indicate? Which are the
most crucial issues that are related with implementation of the plea
agreement, faced in Albanian case law?
These are some of the issues that we have considered to address
in this paper, trying to clarify some legal and procedural moments on the topic, as well as attempting to stimulate a legal debate between the
lawyers community. | | Keywords : | | | agreement, plea, guilty, procedure, trial, prosecution |
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