jola bode | University of Tirana, Albania (original) (raw)

Papers by jola bode

Research paper thumbnail of Criminal enforcement of intellectual property rights: an overview and comparative analysis of the Balkans

Journal of Intellectual Property Law & Practice, Oct 26, 2023

Research paper thumbnail of Issues of Implementation of the Fair Trial in the Albanian System: Analysis in the Framework of the Constitutional Court and ECHR's Jurisprudence on Albania's Cases

Academic Journal of Interdisciplinary Studies, Nov 5, 2022

The process of a fair trial constitutes an important part of human right standards, for which Alb... more The process of a fair trial constitutes an important part of human right standards, for which Albania is making efforts to develop. Article 6 (1) of the European Convention on Human Rights (ECHR), being the main tool in the area of fundamental rights and freedoms, lists the components of a fair, independent, impartial, legal and public trial within a reasonable time applicable in both civil and criminal trials. The paper aims to present an overview of the evolution of this principle in the Albanian constitutional system in order to understand how this principle has evolved in a former dictatorship such as Albania and how much this principle conforms to the standards sanctioned under Article 6 (1) of the ECHR. As one of the most significant legal events in Albania, judicial reform's impact on the justice system is also analysed regarding the application of the standards of a fair trial. Naturally, all components of a fair trial are of essential importance, but considering gaps in enforcement and issues of their practical misinterpretation, this paper is focused in components such as: access to justice, trial within a reasonable time and trial by an independent and impartial court. Through the jurisprudence of the Albanian Constitutional Court and European Court of Human Rights on cases against Albania, the present paper outlines and seeks to address the matters of enforcement of such components in the Albanian system, such as: How is the constitutional defence of a free trial provided and what has been the Constitutional Court's role in this regard? How have ECHR's guidelines on cases against Albania affected the correction of misinterpretations in the national system? How has the judicial reform affected the enforcement of such components, and what are the subsequent problems and challenges? In conclusion, we present some opinions regarding the need to increase the standard of the defence of these components referring to a fair trial, particularly in the area where the largest number of problems have been identified by the practice.

Research paper thumbnail of Issues of Criminal Procedures Relating the Juvenile Freedom Deprivation

Mediterranean Journal of Social Sciences, 2015

Freedom is one of the fundamental rights sanctioned in a number of international human rights act... more Freedom is one of the fundamental rights sanctioned in a number of international human rights acts when the European Convention on Human Rights is the main framework. Freedom is considered a fundamental right and is guaranteed also in the Albanian Constitution. Being a fundamental right it can be limited any by law. In order to prevent the arbitrary violation of this right, the article 27 of Constitution determines limited cases of freedom deprivation. The article 28 of the Constitution, also foresees some guaranties and rights for persons deprived from liberty. These rights and guaranties are completed in specifies laws when the Criminal Procedure Cod is a crucial one. The Criminal Procedure Cod provide also special rules to safeguard the rights and the interest of juveniles throughout the deprivation of liberty preceding. However in the justice organs practice still there are problems in fully implementing these rights. The article will address issues related the criminal procedure and the legal guaranties related the deprivation of liberty based on the national legislation and international standards. The paper will focus mainly on the special standards relating the protection of juveniles taking in consideration the special needs of this group. In the framework of Procedural Criminal Code rules, international juridical acts and the court practice, concrete conclusions will be drawing in regard to the actual situation related with the respect of the juvenile rights on this stage of proceeding. Considering the current situation, recommendations will be displayed relating the legal and institutional improvements are needed in order to comply with international standards on children's rights.

Research paper thumbnail of Theoretical and Practical Issues of Freedom Deprivation for Juveniles in Procedurial Albanian Legislation

Academicus International Scientific Journal, 2012

Reforms undertaken after 90’s have brought progress in legislation changes and compliance with in... more Reforms undertaken after 90’s have brought progress in legislation changes and compliance with international standards. This goal is also supported from the membership of our country in several international organizations and ratification of international legal acts. Legal reforms have brought many positive aspects in terms of guaranteeing the procedural position of juveniles and respect their rights at all stages of criminal proceedings. One of the most important aspects of the process is the one related to the freedom deprivation in terms of which are sanctioned a number of principles and procedural rules. Despite positive steps, the Procedural Penal Code should be subject to further amendments and improvements regarding procedural provisions for the treatment of juveniles during criminal proceedings. This article seeks to analyze the specific guarantees and particularly procedural rules related to deprivation of personal freedom as well as issues associated with the treatment of ...

Research paper thumbnail of The Sentencing System in the Albanian Criminal Code and the Demand for Special Tretament of Juveniles

Academicus International Scientific Journal, 2012

Juveniles are subject to a cognitive process and growth, where the physical, intellectual, emotio... more Juveniles are subject to a cognitive process and growth, where the physical, intellectual, emotional and personality are still in phase of development phase. As a result, they enjoy a special status which arises the demand for their specialized treatment. The status as a minor in criminal matters raises the need to create a system consisting of different rules, which should take into consideration the physical and psychological peculiarities of the child and his educational needs. This system should be oriented towards the goal of juvenile education, rehabilitation and development, goal which can be successfully implemented only if it is reflected in the nature and types of sanctions applied to juveniles. In the application of sanctions it should be taken into consideration the need for education, assistance and welfare of the juvenile. Prison sentence and other similar measures should be considered as a last resort and used in order to reduce only when other forms of treatment do n...

Research paper thumbnail of Mediation in Juvenile Criminal Offenses - Albanian Case

European Journal of Interdisciplinary Studies, 2021

In the treatment of juvenile ofenders in modern systems, priority is being given to procedures ai... more In the treatment of juvenile ofenders in modern systems, priority is being given to procedures aimed at reconciliation and mediation, damage repair and the implementation of alternative measures to restrict freedom. The entirety of such proceedings fall within the concept of restorative justice. Restorative justice is of particular importance in the treatment of juveniles by the criminal justice system, as its main purpose is not to punish the perpetrator but to find methods that promote reintegration into society. One of the mechanisms that underpins restorative justice for juveniles that guarantees the success of education and reintegration in society is mediation in criminal conflicts. The mediation aims to engage the perpetrator in repairing the damage caused by the criminal offense as well as to restore reconciliation relations between the victim and the perpetrator. In this way, mediation procedures are of particular importance in the context of criminal law as they promote th...

Research paper thumbnail of Juvenile Punishment System in View of the Need for Education and Reintegration

European Journal of Interdisciplinary Studies, 2019

Due to age and development stage, juveniles enjoy a special status in relation to adult persons. ... more Due to age and development stage, juveniles enjoy a special status in relation to adult persons. The status as a juvenile in the criminal field raises the request for treatment in accordance with the physical-psychic characteristics of the juvenile and his educational needs. The punishment system is an important component of the criminal justice system for juveniles. As such, it must respond to requests for a special treatment consistent with the personality of juveniles and individual education needs. This system should be oriented towards the goal of education and rehabilitation of the juvenile. In accordance with the international standards of juvenile justice and contemporary legislation, the Criminal Code of the Republic of Albania (CC) has sanctioned a number of rules that allow for special treatment for juveniles in the area of the punishment system. Despite the positive aspects, the provisions of the Code were insufficient in view of the requirements of international standar...

Research paper thumbnail of Criminal enforcement of intellectual property rights: an overview and comparative analysis of the Balkans

Journal of Intellectual Property Law & Practice, Oct 26, 2023

Research paper thumbnail of Issues of Implementation of the Fair Trial in the Albanian System: Analysis in the Framework of the Constitutional Court and ECHR's Jurisprudence on Albania's Cases

Academic Journal of Interdisciplinary Studies, Nov 5, 2022

The process of a fair trial constitutes an important part of human right standards, for which Alb... more The process of a fair trial constitutes an important part of human right standards, for which Albania is making efforts to develop. Article 6 (1) of the European Convention on Human Rights (ECHR), being the main tool in the area of fundamental rights and freedoms, lists the components of a fair, independent, impartial, legal and public trial within a reasonable time applicable in both civil and criminal trials. The paper aims to present an overview of the evolution of this principle in the Albanian constitutional system in order to understand how this principle has evolved in a former dictatorship such as Albania and how much this principle conforms to the standards sanctioned under Article 6 (1) of the ECHR. As one of the most significant legal events in Albania, judicial reform's impact on the justice system is also analysed regarding the application of the standards of a fair trial. Naturally, all components of a fair trial are of essential importance, but considering gaps in enforcement and issues of their practical misinterpretation, this paper is focused in components such as: access to justice, trial within a reasonable time and trial by an independent and impartial court. Through the jurisprudence of the Albanian Constitutional Court and European Court of Human Rights on cases against Albania, the present paper outlines and seeks to address the matters of enforcement of such components in the Albanian system, such as: How is the constitutional defence of a free trial provided and what has been the Constitutional Court's role in this regard? How have ECHR's guidelines on cases against Albania affected the correction of misinterpretations in the national system? How has the judicial reform affected the enforcement of such components, and what are the subsequent problems and challenges? In conclusion, we present some opinions regarding the need to increase the standard of the defence of these components referring to a fair trial, particularly in the area where the largest number of problems have been identified by the practice.

Research paper thumbnail of Issues of Criminal Procedures Relating the Juvenile Freedom Deprivation

Mediterranean Journal of Social Sciences, 2015

Freedom is one of the fundamental rights sanctioned in a number of international human rights act... more Freedom is one of the fundamental rights sanctioned in a number of international human rights acts when the European Convention on Human Rights is the main framework. Freedom is considered a fundamental right and is guaranteed also in the Albanian Constitution. Being a fundamental right it can be limited any by law. In order to prevent the arbitrary violation of this right, the article 27 of Constitution determines limited cases of freedom deprivation. The article 28 of the Constitution, also foresees some guaranties and rights for persons deprived from liberty. These rights and guaranties are completed in specifies laws when the Criminal Procedure Cod is a crucial one. The Criminal Procedure Cod provide also special rules to safeguard the rights and the interest of juveniles throughout the deprivation of liberty preceding. However in the justice organs practice still there are problems in fully implementing these rights. The article will address issues related the criminal procedure and the legal guaranties related the deprivation of liberty based on the national legislation and international standards. The paper will focus mainly on the special standards relating the protection of juveniles taking in consideration the special needs of this group. In the framework of Procedural Criminal Code rules, international juridical acts and the court practice, concrete conclusions will be drawing in regard to the actual situation related with the respect of the juvenile rights on this stage of proceeding. Considering the current situation, recommendations will be displayed relating the legal and institutional improvements are needed in order to comply with international standards on children's rights.

Research paper thumbnail of Theoretical and Practical Issues of Freedom Deprivation for Juveniles in Procedurial Albanian Legislation

Academicus International Scientific Journal, 2012

Reforms undertaken after 90’s have brought progress in legislation changes and compliance with in... more Reforms undertaken after 90’s have brought progress in legislation changes and compliance with international standards. This goal is also supported from the membership of our country in several international organizations and ratification of international legal acts. Legal reforms have brought many positive aspects in terms of guaranteeing the procedural position of juveniles and respect their rights at all stages of criminal proceedings. One of the most important aspects of the process is the one related to the freedom deprivation in terms of which are sanctioned a number of principles and procedural rules. Despite positive steps, the Procedural Penal Code should be subject to further amendments and improvements regarding procedural provisions for the treatment of juveniles during criminal proceedings. This article seeks to analyze the specific guarantees and particularly procedural rules related to deprivation of personal freedom as well as issues associated with the treatment of ...

Research paper thumbnail of The Sentencing System in the Albanian Criminal Code and the Demand for Special Tretament of Juveniles

Academicus International Scientific Journal, 2012

Juveniles are subject to a cognitive process and growth, where the physical, intellectual, emotio... more Juveniles are subject to a cognitive process and growth, where the physical, intellectual, emotional and personality are still in phase of development phase. As a result, they enjoy a special status which arises the demand for their specialized treatment. The status as a minor in criminal matters raises the need to create a system consisting of different rules, which should take into consideration the physical and psychological peculiarities of the child and his educational needs. This system should be oriented towards the goal of juvenile education, rehabilitation and development, goal which can be successfully implemented only if it is reflected in the nature and types of sanctions applied to juveniles. In the application of sanctions it should be taken into consideration the need for education, assistance and welfare of the juvenile. Prison sentence and other similar measures should be considered as a last resort and used in order to reduce only when other forms of treatment do n...

Research paper thumbnail of Mediation in Juvenile Criminal Offenses - Albanian Case

European Journal of Interdisciplinary Studies, 2021

In the treatment of juvenile ofenders in modern systems, priority is being given to procedures ai... more In the treatment of juvenile ofenders in modern systems, priority is being given to procedures aimed at reconciliation and mediation, damage repair and the implementation of alternative measures to restrict freedom. The entirety of such proceedings fall within the concept of restorative justice. Restorative justice is of particular importance in the treatment of juveniles by the criminal justice system, as its main purpose is not to punish the perpetrator but to find methods that promote reintegration into society. One of the mechanisms that underpins restorative justice for juveniles that guarantees the success of education and reintegration in society is mediation in criminal conflicts. The mediation aims to engage the perpetrator in repairing the damage caused by the criminal offense as well as to restore reconciliation relations between the victim and the perpetrator. In this way, mediation procedures are of particular importance in the context of criminal law as they promote th...

Research paper thumbnail of Juvenile Punishment System in View of the Need for Education and Reintegration

European Journal of Interdisciplinary Studies, 2019

Due to age and development stage, juveniles enjoy a special status in relation to adult persons. ... more Due to age and development stage, juveniles enjoy a special status in relation to adult persons. The status as a juvenile in the criminal field raises the request for treatment in accordance with the physical-psychic characteristics of the juvenile and his educational needs. The punishment system is an important component of the criminal justice system for juveniles. As such, it must respond to requests for a special treatment consistent with the personality of juveniles and individual education needs. This system should be oriented towards the goal of education and rehabilitation of the juvenile. In accordance with the international standards of juvenile justice and contemporary legislation, the Criminal Code of the Republic of Albania (CC) has sanctioned a number of rules that allow for special treatment for juveniles in the area of the punishment system. Despite the positive aspects, the provisions of the Code were insufficient in view of the requirements of international standar...