Table of Content

• Comments
  • Purpose
    1. The purpose of Article 34 of CCJM is to guarantee the right of the child victim of the criminal offence to be informed through the application of the special rules by the competent body, which have to be followed in the course of the proceedings where the child victim is involved. This purpose is clearly expressed in the title of Article 34 of CCJM, while the contents of the article break down the procedure and special rules to be followed by the competent body regarding the information of the child victim.

     

    2. The purpose of this Article is guaranteeing the protection of the child and the effective protection of the best interest of the child, the protection of the rights of the child in the instances where he is a witness and victim of the criminal offence, prevention of re-victimisation or renewed re-victimisation of the child, who was earlier a victim of the criminal offence.

     

    3. It is the intention of this Article, by way of the rules contained therein, to seek the protection of the principles of law and order in the process of rendering criminal justice for children, enhancement of accountability and professionalism of the competent bodies in the administration of the criminal justice issues for children and concretely of issues connected to the information of the child victim.

     

    4. The purpose of this Article is the protection the highest interest of the child by way of determining rules and standards to be followed by the competent body regarding the right of the child victim to be informed which are in compliance with the Constitution, Convention of the United Nations Organisation (UNO) on the Rights of the Child and other international norms and standards designated to protect the child and the effective defence of the highest interest of the child.[1]

     

    [1] See Article 3, point 1, of the United Nations Convention on the right of the Child, 20 November 1989, providing for that all the decisions surrounding the child, taken by the public or private institutions of social welfare, by the courts, administrative authorities or legislative bodies, the highest interest of the child shall be considered to be prevailing.

  • Scope
    5. In the first paragraph is foreseen as an obligation surrounding the persons to be involved in the procedural arrangements where the child is a victim. Such are the legal representative, defence lawyer and psychologist, as well as, as appropriate, eventually the person having the trust of the child [1]. This list of persons aims at preventing the risk of re-victimisation and renewed victimisation of the child victim, thus being one of the purposes of this Code referring to its Article 2. The focus in other paragraphs is with the competent body being under the legal obligation to provide information and with the mandatory contents of this information. Thus, the legal provision of this article guarantees, inter alia, the procedural standard that the child victim has to be informed immediately, while over the process gradually regarding the rights they are entitle to.

     

    6. To the effect of observing the best interest of the child, the lawmaker has, in terms of the structure of the provision, made the structuring of the issues, whereon the child victim, their legal representative and their defence lawyer is to be always informed immediately or over the entire proceedings, into separate paragraphs. These have, according to CCJM, to be under the focus of the competent bodies.

     

    7. There is contained in par 3 of Article 34 of CCJM the rule that has to be followed as long as the information has not been provided directly to the child by the competent body, by way of delegating this obligation for information to be met, as appropriate, by the legal representative, procedural representative or defence lawyer of the child.

     

    8. Par 4 of Article 34 of CCJM sets out the rights that the legal representative of a child witness/victim is entitled to at each stage of proceedings.

     

    9. There is foreseen in par 5 of Article 34 of CCJM that, where indispensable for the best interest of the child, the judge during the adjudication and the prosecutor during the investigation phase may prohibit the legal representative of a child witness/victim to attend the procedural arrangements.

     

    [1] For furthermore in regard to the person having the trust of the child and the international standards, see part C of this commented article. There are explanations from the Lannzarote Convent, concretely article 35 letter f and paragraph 23 of the Directive 2016/800.  

  • Comments
    10. The title of the Article seems to be connected to the child victim, however, referring to the fact that the victim in many cases is even a witness, this Article aims at guaranteeing the right of the child to information in the position of the victim and witness. The definition ‘child victim’ is provided for in Article 3, par 5, of this Code where any person under the age of 18 years old having sustained a moral, physical or material damage as a consequence of a criminal offence is referred to as such. The definition ‘child witness’ is provided in Article 3, par 6, of this Code, where any person under the age of 18 years old eventually being knowledgeable of a criminal offence is referred to as such.

     

    11. The phrase ‘to the effect of preventing the risk of re-victimisation or renewed victimisation’ made use of in the first paragraph of Article 34 of CCJM should be understood in compliance with the purposes of this Code, as provided for in article 2 and specifically in par 5 of this Article and to the effect of attaining this purpose there should always in procedural arrangements, where the child is a victim, be present the legal representative, defence lawyer and psychologist, as well as, as appropriate, even the trusted person of the child, the latter being considered by the law maker to be guarantors for the non-re-victimisation of the child, since they are stakeholders due to be involved during the entire proceedings assisting and supporting the victim/witness child. Regarding the term ‘re-victimisation’, Article 3 provides, in par 20, for its definition as incurring damage to the child being victim of the criminal offence, as a consequence of a new criminal offence connected to the previous one. Regarding the term ‘secondary victimisation’ Article 3 in par 24 defines it as a situation where a child being a victim of the criminal offence might sustain damage, as a consequence of participating in criminal justice proceedings.

     

    12. Article 34 refers to some entities regarding the obligation to participate in proceedings and to inform the child. This Article 34, par 1, deals with the legal representative, defence lawyer, psychologist, trusted person of child, while Article 34, par 3, deals with the procedural representative. Referring to the meaning provided by CCJM, ‘legal representative’ is the parent, relative or custodian of a child, who is involved in the criminal justice proceedings for children in order to protect the interests for the child. A relative is the person having close family, kin or in-law relations with the child (Article 3, par 8), while the custodian of the child (the person appointed as such by the court according to the provisions of the Family Code in Title V, Chapter I, Article 63 and the following on the institute of custody and the legislation in effect), getting involved in the criminal justice procedure for the children in order to protect the interests of the child (Article 3, par 16). Referring, by way of comparison, to Article 16 of CPC, ‘close’ kin relationship is understood the ancestors, descendants, siblings, uncles, aunts, nieces, children of brothers and sisters or close in-law relationship father and mother in-law, son and daughter in-law, sister in-law, stepson, stepdaughter, stepfather and stepmother. The definition ‘procedural representative’ is contained in Article 3, par 17, of this Code, being referred to as such the person in the sense provided for in the law no 18/2017, Article 3, par 12 ‘On the rights and protection of the child’, who is going to assume the procedural representation of the child, as provided for in this Code. The definition ‘trusted person’ is provided in Article 3, par 18, of CCJM, referring to as such the major person being sought by the child and admitted by the competent body, accompanying the child through the stages of criminal proceedings. Thus, as it is evident, regarding the trusted person, it is not enough for him to be major and be sought in this status by the child, but he has to be admitted as such by the competent body. Such controlling filter has been put in place because, where necessary, the competent body may exclude the trusted person from the involvement and assistance to the child witness/victim, as long as this is in the best interest of the child, evaluating this on case basis, since such situations may be encountered that the conflict of interest is evident.

     

    13. ‘Competent body’, (Article 3, par 15) are, as appropriate, the judge, prosecutor, judicial police employee, state police employee, advocate, psychologist, social worker, mediator, employee of the Unit for the Protection of the Rights of the Child and of the Probation service, employee of the institution for the rehabilitation of the children and remand and imprisonment service, as well as any other structure/official in this process, assuming responsibilities and powers provided for in CCJM and having been trained and specialised in criminal matters with children and juveniles. Referring to the second paragraph of this Article, the term should be connected to the contents of the Article and the powers and discretion of the competent body in order to attain the appropriate meaning to the list quoted in Article 3, par 15, of CCJM. Competent body under paragraph 5 of this Article is the prosecution office and court having discretion to preclude the legal representative of a child witness or victim from participating in procedural actions only if this is indispensable for the best interest of the child. The other bodies and structures enlisted according to Article 3, par 15, of CCJM are inter-active among each-other in the criminal proceedings and rendering justice for offending. This has to be seen in conjunction with article 128/a paragraph 1 letter c of the CrPC, where “Invalidity of acts” is regulated. In this article is foreseen that procedural acts have absolute invalidity when the provisions regarding the summoning the defendant victim or the presence of the defence lawyer when it is mandatory are not applied. In case where the victim is a child, it is obligatory for the procedural body to notify in accordance with the rules that are clearly foreseen in articles 137, 138 of the CrPC, in conjunction with article 34 of this Code regarding the right to inform the victim in case that is a child. In case that the victim that is a child is not notified in accordance with what was mentioned above, then the procedural acts are absolutely invalid.

     

    14. The guarantees and rights provided for in this Code are those specifically contained in Chapter V ‘Child victim witness of a criminal offence’. The guarantees and the rights of the victim refer us to Article 58 of the Criminal Procedure Code. In addition to these rights, the child being a victim shall enjoy the rights provided for in Article 58/a of the Criminal Procedure Code.[1] At the same time, the sexually abused victim and the victim of trafficking of human beings shall, in addition to the rights provided for in Article 58 and 58/a of the Criminal Procedure Code, have also the rights provided for in Article 58/b of the Criminal Procedure Code.[2]

     

    15. The expression used in the second paragraph of this article “informs immediately and during the entire process” it is about the guaranty of the right that the child victim has to be informed by the competent body. The child victim, as it is possible, has the same rights as the defendant. From the letter ‘a’ through ‘f’, enlists a series of cases where on the competent body has to inform the child being a victim of the criminal offence immediately and during the entire proceedings. In compliance with this Article, the phrase ‘immediately and during the entire proceedings’ has been used by the lawmaker to determine that the information is provided without delay and, from the very beginning to the end of proceedings, there is proceeded with making information available to the child witness/victim. Making information available shall, at the very beginning, be immediate and subsequently, during the entire proceedings, the child shall be informed continuously regarding the ongoing issues under par 2 of Article 34 of CCJM. Thus, information is provided continuously over the entire proceedings. In proceedings inflicting children or affecting them, the right of all children to be informed about their rights should be observed, while access to justice should be granted to them, while being consulted and heard. The judicial proceedings should be adjusted to the needs of the child while ensuring their effective participation. There is clearly foreseen the information that is provided to the child in connection with the legal aid for the child victim, which is set out as such a right in Article 36 of this Code. It shall be provided free of charge during the entire proceedings by a lawyer, which is picked up from the respective list being drafted by the National Advocacy Chamber. The child victim is entitled to be informed about the protection measures available to him and being provided for in Article 37 of this Code, such being measures guaranteeing the security of the child victim or witness. Article 45 of CCJM provides for the restorative justice measures, where it has been provided for that the competent body shall always notify the child victim, their legal or procedural representative and, as appropriate, the defence lawyer of the child, on the restorative justice programs. Article 63 of CCJM provides for the restorative justice programs and/or mediation, wherewith the child victim shall get acquainted. The child victim shall also be entitled to be immediately informed by the competent body about the possibility to seek compensation from the perpetrator of the criminal offence, this bring provided for in Article 58, par 1, letter g, of the Criminal Procedure Code. The right to be informed on the possibility of the respective services, such as the healthcare, psychological, social, financial and legal ones, as well as the way of benefiting them have been provided for in Article 58, par 1, letter b, of the Criminal Procedure Code. The competent body shall be obliged to inform the child, and the authorities, organisations and relevant institutions providing these services in accordance with the law to offer assistance and support for the child victim. It is obligatory for the competent body the application of article 34 of CCJC to inform the child victim regarding his/her rights. In cases that this article is not applied by the competent body does not crates invalidity of the procedural acts, in conjunction with article 279/a of CrPC, where is foreseen the right of the victim to be informed. This right is executed by the competent organ within the request of the victim or the lawyer. Relative invalidity is foreseen in articles 129, 130, and 131 of CrPC and are the parties in a process those who request within fixed time limits, announcement of a procedural act, relatively invalid. According the article 128/a paragraph 1 letter c of the CrPC “Invalidity of acts”, foresees that procedural acts are absolutely invalid when the provisions related with the summoning of the defendant, victim or the presence of the lawyer when is necessary are not applied. [see above the paragraph related with the “competent body”]

     

    16. Regarding these cases, information shall be detailed. Though, there is not an obligatory form to inform according the law, is expected that informing to be appropriate and understandable, including also the cases of children with specific needs because of the limited capability. Emphasizing the details of informing, the legislator aims that the competent body to be careful with the purpose to give clear explanations which include many parts or individual aspects. To be detailed means to give qualitative and quantitative information and having the same consideration for all parts and aspects of the process, meaning in the sense of all cases that can include here aspects that are related with rights, obligations and warnings that shall be taken into consideration by the child. This has to be taken into consideration with the purpose that everyone shall understand the entire process, from the beginning of its application and until its end, as one process. The detailed information means, correct information, giving answers for all questions and speculations, elimination of complications and phraseological complications and clarifications and exhaustive and comprehensive clarifications. These details shall be followed during all the phases of the process by expanding the detailed information to an individual level.

     

    17. This right of information shall be considered in conjunction with the rights and procedural guarantees of the child in conflict with the law, foreseen in Chapter III of CCJC. The child in conflict with the law has the right to be informed immediately in accordance with its individual case and by taking into consideration its age and other problems that the child might have, concretely related with the communication. Children shall be taken into consideration and to be treated by the competent body with all their rights and shall have the right to exercise their rights in a manner that takes into account their capacity to form their views and according the circumstances of the concrete case.

     

    18. There has been foreseen in par 3 of the Article the rule as long as the information has not been provided directly to the child by the competent body.

     

    19. The obligation to inform is met, as appropriate, by the legal representative, procedural representative or the defence lawyer of the child. Thus, in such an instance the competent body has provided information regarding the rights to the legal representative, procedural representative or the defence lawyer of the child, and not directly to the child victim. The latter are bound to inform the child on the rights they have as a victim/witness and this information shall be provided in an appropriate and comprehensible fashion, taking account of the age of the child, their level of development, way of living, education and development circumstances, education, health situation, family context and other circumstances of the child.

     

    20. The rights of the legal representative of a child witness/victim have been provided for in par 4 of this Article. There has been provided for that the legal representative is entitled to be informed regarding the dynamics of the proceedings, the measures and charges filed against the defendant, regarding the release of the defendant or convicted person during the entire process, provided this does not put the defendant or the convicted person in real danger. The real danger should be considered on case basis, referring to the nature of the criminal offence having been committed, its gravity, the relationship between the defendant and the child victim/witness and their family. For the first time, there has been foreseen by the lawmaker the right to file a complaint against a decision issued by the court, irrespective of whether this right is exercised or not by the case prosecutor. It is defined clearly also in article 291 paragraph 2 of CrPC, the right of the victim or the victim’s heirs to file a complaint against the decision issued by the prosecutor not to initiate a proceeding, within 10 days of the notification of the decision. Moreover, in article 328 paragraph 2 of the CrPC is foreseen the obligation of the prosecutor to notify within five days from receiving the notification of dismissal of the case, the victim and the victim’s heirs who have the right to complain in a court against the decision of dismissal of the case when it is a criminal offence. In article 329/a paragraph 4 of CrPC it is clearly foreseen the obligation of the prosecutor to notify within five days from receiving the decision by notifying the victim or victim’s heirs regarding the request to suspend the case addressed to the court, when it is a case for criminal proceedings. Also, it is defined in article 329/b paragraph 1 of CrPC the obligation of the court that within five days from filing the request for dismissal of the case to notify the victim of the victim’s heirs regarding the date and the hour of the hearing.

     

    21. Par 5 of this Article provides for the preclusion of the legal representative of a child witness/victim by the judge during the proceedings and by the prosecutor during the investigation phase, as long as this is indispensable for the best interest of the child. Article 74 of this Code provides for the rule of appointing and notifying the legal representative as long as it has been provided for: The prosecuting body shall notify immediately the Unit for Protection of the rights of the child if: a) it is impossible to locate the legal representative; b) it is obvious that the legal representative of the child has abused with the child or in the case of a domestic crime; c) there are doubts over impartiality of the legal representative of the child concerning the nature of their relations with the family member who has been injured; ç) one of the types of conflict of interests is in place. 2. In the instances provided for in par 1 of this Article, the persons referred to above shall be denied access to the documents related to the children. 3. The prosecuting body shall assign a person from the list submitted by Unit for Protection of the rights of the child to make the procedural representation, if: a) it is impossible to locate the child’s legal representative, within an hour from accompanying of the child to the premises of a prosecuting body; b) the child does not live with the legal representative and/or refuses to contact him/her; c) the legal representative acts contrary to the interests of the child; ç) the child is a victim of or witness to a criminal offence committed by the child’s legal representative; d) the legal representative is accused of the same criminal offence as the child; dh) the legal representative is not available.

     

    [1] See Article 58 ‘Rights of the victim of a criminal offence’ and 58/a ‘Rights of the child victim’ of the Criminal Procedure Code, added up by the law no 35/2017.

    [2] See Article 58/b ‘Rights of the sexually abused victim and of the victim of trafficking of human beings’ of CPC. 

  • Historic context
    22. It is the first time in the Albanian legislation to have the right of the child victim to be informed provided for in this article. More specifically, the Criminal Procedure Code approved by the law no 7905, dated 21.3.1995, as amended, by law no 8460, dated 11.2.1999, by law no 8813, dated13.6.2002, by law no 9085, dated 19.6.2003, by law no 9276, dated 16.9.2004, by law no 9911, dated 5.5.2008, by Decision of the Constitutional Court no 31, dated 17.5.2012, by law no 145/2013, dated 2.5.2013, by law no 35/2017 did not have a similar provision prior to the approval of CCJM. With the recent amendments occurring by Law no. 35/2017, the rights of the child victim to be informed have been specifically provided for. Article 58 of the Criminal Procedure Code has also provided for the additional rights for the sexually abused victims and the victims of trafficking of human beings. 

     

    23. In Justice System Analysis, the Senior Level Experts Group at the Ad Hoc Parliamentary Committee for the Justice System Reform has highlighted: “4.2.17 The aggrieved party and child in criminal proceedings: The procedural situation of the party having been aggrieved by the criminal offence is weak and the Code does not provide for sanctions or consequences in the event of the private parties not observing the summons to proceedings, for their representation by the defence lawyer, for the summoning of the person aggrieved due to the criminal offence and of the person having filed a complaint. There are loopholes with regard to the legal regulation and detailed presentation of the procedural rights and guarantees of the impaired party, in line with the minimal standards of EU. There have not, specifically for the child aggrieved party/victim, been foreseen the procedural guarantees, making up standards referring to the EU standards; the evidence perpetuation is not constantly applied during the preliminary investigations, regardless of the specific required conditions being met, while the instances where the child has to been interrogated in the presence of the parent and psychologist, as well as the methodology of the interrogation of the child have not been foreseen.
  • International acts
    24. UNO Convention on the Rights of the Child (approved by the General Assembly of United Nations Organisation on 20 November 1989). Article 3, par 1, of the Convention determines that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. Article 12, par 1 and 2, of the UNO Convention on the rights of the child provides for: 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law. Article 13 1. The child is entitled to the freedom of speech; this right encompasses the right to seek, obtain and impart information and ideas of any type, free of any restriction, in oral, written, type-written or artistic format, or any other device of the choice of the child.

     

    25. Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse, known as Lanzarote Convention, ratified by the Law no. 10071 date 9.2.2009, in article 35 paragraph 1 letter f foresees that: Article 35 – Interviews with the child: 1. Each Party shall take the necessary legislative or other measures to ensure that: f. the child may be accompanied by his or her legal representative or, where appropriate, an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person. In the explanatory report of this article, respectively paragraphs 236-239 can be accessed in English language at: https://rm.coe.int/16800d3832 where is highlighted that: Article 35 – Interviews with the child. 236. This provision concerns interviews with the child both during investigations and during trial proceedings. During investigations, it applies regardless of the type of authority (police or judicial authority) conducting the interview. The main purpose of the provision is the same as that described more generally in connection with Article 30: to safeguard the interests of the child and ensure that he or she is not further traumatised by the interviews. To this end, as provided for in paragraph 3, it should be possible to implement the measures in question when there is doubt about the age of the victim and it cannot be established with certainty that he or she is under the age of majority. 237. In order to achieve these objectives, Article 35 lays down a set of rules designed to limit the number of successive interviews with children, which force them to relive the events they have suffered, and enable them to be interviewed by the same people, who have been trained for the purpose, in suitable premises and a setting that is reassuring, in particular because of the presence of the child's legal representative or, where appropriate, a person of his or her choice. 238. Paragraph 2, provides that interviews with a child victim or, where appropriate, those with a child witness, may be videotaped for use as evidence during the criminal proceedings. The main objective of this provision is to protect children against the risk of being further traumatised. The videotaped interview can serve multiple purposes, including medical examination and therapeutic services, thus facilitating the aim of limiting the number of interviews as far as possible. It reflects practices successfully developed over the last few years in numerous countries. 239. The negotiators agreed, however, that implementation of the provisions of this article required a degree of flexibility to take into account the age of the child, the availability of specialised personnel, requirements relating to criminal proceedings and all kinds of needs connected with the effectiveness of the investigation. This flexibility is reflected in the use of such expressions as "where necessary", "if possible", "where appropriate" and "as appropriate". At the same time, the negotiators agreed that the competent authorities should be able to refuse to allow the legal representative or person chosen by the child to be present when the circumstances of the case are such that there is reason to believe that the presence of the person in question is undesirable, for example because that person has been involved in the offence or there is a conflict between his or her interests and those of the child.

     

    26. Directive (EU) 2016/800 of the European Parliament and Council of 11 May 2016 “On procedural safeguards for children who are suspects or accused persons in criminal proceedings”, that can be accessible in English at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016L0800 , in paragraph 23 emphasizes: In certain circumstances, which can also relate to only one of the persons holding parental responsibility, the information should be provided to another appropriate adult nominated by the child and accepted as such by the competent authority. One of those circumstances is where there are objective and factual grounds indicating or giving rise to the suspicion that providing information to the holder of parental responsibility could substantially jeopardize the criminal proceedings, in particular, where evidence might be destroyed or altered, witnesses might be interfered with, or the holder of parental responsibility might have been involved in the alleged criminal activity together with the child.

     

    27. Recommendation (2003)20 of the Committee of Ministers of the Council of Europe Recommendation Rec(2003)20 of the Committee of Ministers to member states concerning new ways of dealing with juvenile delinquency and the role of juvenile justice. Link: hhtps://search.coe.int/cm/Pages/result_details.aspx This recommendation provides for: “II. A more strategic approach: 1. The principal aims of juvenile justice and associated measures for tacking juvenile delinquency should be: i. to prevent offending and re-offending; ii. to (re)socialise and (re)integrate offenders; and iii. to address the needs and interests of victims. 2.  The juvenile justice system should be seen as one component in a broader, community-based strategy for preventing juvenile delinquency, that takes account of the wider family, school, neighbourhood and peer group context within which offending occurs.”

     

    28. Recommendation no R (85) of the Committee of Ministers of the Council of Europe, regarding the position of the victim in the framework of the criminal law, recommends to the member states to take all the appropriate measures for strengthening the role of the victim in criminal proceedings. RECOMMENDATION No. R (85) 11 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON THE POSITION OF THE VICTIM IN THE FRAMEWORK OF CRIMINAL LAW AND PROCEDURE.C. Questioning of the victim: 8. At all stages of the procedure, the victim should be questioned in a manner which gives due consideration to his personal situation, his rights and his dignity. Whenever possible and appropriate, children and the mentally ill or handicapped should be questioned in the presence of their parents or guardians or other persons qualified to assist them; D. Court proceedings: 9. The victim should be informed of: - the date and place of a hearing concerning an offence which caused him suffering; - his opportunities of obtaining restitution and compensation within the criminal justice process, legal assistance and advice; - how he can find out the outcome of the case; 10. It should be possible for a criminal court to order compensation by the offender to the victim. To that end, existing limitations, restrictions or technical impediments which prevent such a possibility from being generally realised should be abolished; 11. Legislation should provide that compensation may either be a penal sanction, or a substitute for a penal sanction or be awarded in addition to a penal sanction; 12. All relevant information concerning the injuries and losses suffered by the victim should be made available to the court in order that it may, when deciding upon the form and the quantum of the sentence, take into account: - the victim's need for compensation; - any compensation or restitution made by the offender or any genuine effort to that end; 13. In cases where the possibilities open to a court include attaching financial conditions to the award of a deferred or suspended sentence, of a probation order or of any other measure, great importance should be given-among these conditions-to compensation by the offender to the victim; E. At enforcement stage: 14. If compensation is a penal sanction, it should be collected in the same way as fines and take priority over any other financial sanction imposed on the offender. In all other cases, the victim should be assisted in the collection of the money as much as possible; F. Protection of privacy: 15. Information and public relations policies in connection with the investigation and trial of offences should give due consideration to the need to protect the victim from any publicity which will unduly affect his private life or dignity. If the type of offence or the particular status or personal situation and safety of the victim make such special protection necessary, either the trial before the judgment should be held in camera or disclosure or publication of personal information should be restricted to whatever extent is appropriate; G. Special protection of the victim: 16. Whenever this appears necessary, and especially when organised crime is involved, the victim and his family should be given effective protection against intimidation and the risk of retaliation by the offender;

     

    Link: http://www.barobirlik.org.tr/dosyalar/duyurular/hsykkanunteklifi/recR(85)11e.pdf, visited recently on 01.08.2017.

• International standards/International references/Best examples

  Reports, opinions, recommendations and statements

  ‘Convention on the Rights of the Child’ being approved by the General Assembly of the United Nations Organisation on 200 November 1989, Article 3, point 1, Article 12, point 2, Article 15, point 2, Article 40, point 2 and point 4. 

  UNO Instructions on Preventing Juvenile Delinquency (Riyadh Instructions) 

  Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules") Articles 10 (2)(b), 10(3), 14(4) 

  The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Law no 7727/30.06.1993) and the Additional Protocol to the Convention. 

  United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana rules 1990);   

  United Nations Standard Minimum Rules pertaining to Non-custodial measures (Tokyo rules) (1990). 

  Vienna Guidelines for Action on Children in the Criminal Justice System taking account of the day of discussion of the Committee 1995 on the justice administration for juveniles.

  Brussels, 15.2.2011 COM (2011) 60 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS, vihet theksi në: Children often participate as vulnerable witnesses or victims in criminal judicial    proceedings. They may be exploited in criminal activities, such as trafficking of illicit drugs. Legal and practical arrangements should be put in place to avoid unnecessary multiple interrogations, and to reduce the negative experience of being involved in criminal proceedings. Child victims should be given the opportunity to play an active part in criminal proceedings so as to have their testimony taken into account. The use of Information and Communication Technology (ICT) tools, and especially video-conferencing, can allow child victims to take an active part in the proceedings while not being put in direct contact with the accused persons. Child victims should receive adequate support leading to their recovery and compensation for the harm inflicted on them.

  According to analyse conducted on best local and regional practices on victim’s right in EU member states, is recommended that states shall take legal measures to create effective guaranties for the victim’s rights.

  Local and regional good practices on victims’ rights 

  Link: http://cor.europa.eu/en/documentation/studies/Documents/local-regional-good-practices-victims.pdf (last seen date 04.08.2017)

  “...One of the two aims of the access-to-justice requirement is the provision of easy, informal and anonymous access to all the relevant information for the victim in sufficient detail and within the shortest possible time after the crime is committed. (An example of best practice in this regard is the one-stop access to justice facilitated by the framework of the domestic-violence prevention programme in the Province of Limburg, Belgium.) Preferably all the actors involved in starting a criminal procedure or reporting a crime should be prepared to provide written and verbal information (e.g. as done by the Swedish Brottsoffermyndigheten), putting a special emphasis on victims in vulnerable positions (e.g. the project targeting foreign victims by the Portuguese victim support service, Apoio à Vítima). The second aim of the access-to-justice requirement is the ability of the victim to participate in the criminal justice system or to go on with their case even if the prosecution decides not to continue. Legal aid, legal advice or legal counselling should be made available to those in need, preferably at the lowest possible level (e.g. as provided by the county offices of the Victim Support Service of the Office of Justice in Hungary). Victims should be entitled to be accompanied by support persons.”            

  Decisions of the European Court of Human Rights 

  Koneçni v. CZECH REPUBLIC, 26/10/2004 (Application nos. 47269/99, 64656/01 and 65002/01) 

  Link: http://hudoc.echr.coe.int/eng#, visited for the last time on 04.08.2017.  This case consists in the violation of the right of the child to be heard in the court room. The child was rejected the expression of his view in the court room regarding the case. The Court circumvented this action.

• Legislative material

  Analysis of Justice System in Albania, June 2015, drafted by the Senior Experts Group at the Ad Hoc Parliamentary Committee for Justice System Reform. http://www.reformanedrejtesi.al/sites/default/files/dokumenti_shqip_0.pdf, 

  Report dated 28.03.2017 on the draft law “Criminal Code of Justice for Children in the Republic of Albania”.

  http://www.reformanedrejtesi.al/sites/default/files/relacioni-1.pdf ,

  Assembly Decision no 97/2016 package of 27 draft laws. http://www.reformanedrejtesi.al/sites/default/files/relacioni-1.pdf , 20 November 1989 

  Minutes dated 27-28 March of the Legal Issues Committee on the examination and approval of the draft law “Criminal Justice Code for Children in the Republic of Albania” “http://www.reformanedrejtesi.al/sites/default/files/procesverbal_date_24.06.2016_0.pdf

• Related articles

  Constitution: Article 27 par 2 letter “ç”, Article 54 par 1, point 3 and point 4, Article 30, Article 31. 

  Criminal Code of the Republic of Albania: Article12, Article 52. 

  The Criminal Procedure Code approved by the law no 7905, dated 21.3.1995, as amended, by law no 8460, dated 11.2.1999, by law no 8813, dated13.6.2002, by law no 9085, dated 19.6.2003, by law no 9276, dated 16.9.2004, by law no 9911, dated 5.5.2008, by Decision of the Constitutional Court no 31, dated 17.5.2012, by law no 145/2013, dated 2.5.2013, by law no 35/2017, Article 361/a, article 58, 58/a, 58/b,

• Sublegal acts
  No Comment
• Decisions
  No Comment
• Literature

  Europian Court of Human Rights 

  CASE OF KONEC?NÝ v. CZECH REPUBLIC, 26/10/2004 ( n.d.). Retrieved August 04, 2017, from http://hudoc.echr.coe.int/eng 

  CASE OF Z AND OTHERS v. UK; 10/05/2001 (Application no. 29392/95) ( n.d.). Retrieved August 04, 2017, from http://hudoc.echr.coe.int/eng 

  Recommendation Rec(2003)20 of the Committee of Ministers to member states concerning new ways of dealing with juvenile delinquency and the role of juvenile justice. Linku: hhtps://search.coe.int/cm/Pages/result_details.aspx 

  Recommendation  No. R (85) 11 of the Committee of  Ministers to member states on the position of the victim in the framework of criminal law and procedure.

  Retrieved from: http://www.barobirlik.org.tr/dosyalar/duyurular/hsykkanunteklifi/recR(85)11e.pdf. 

  Justice System Analysis in Albania (2015). Republic of Albania Assembly Retrieved from: 

  http://www.reformanedrejtesi.al/sites/default/files/dokumenti_shqip_0.pdf 

  Local and regional good practices on victims’ rights.

  Linku: http://cor.europa.eu/en/documentation/studies/Documents/local-regional-good-practices-victims.pdf 

  Council  of Europe. (n.d.). Retrieved July 31, 2017, from https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016804df04f

• Archive
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