Table of Content

• Comments
  • Purpose
    1. The purpose of Article 71 is to determine the procedure that shall be followed by the Probation Service, which is in charge of assisting the child in fulfilling the measure of diversion from criminal prosecution, according to the provision of Article 70 paragraph 4 of the CCJC, in the case when the child who is in conflict with the law does not fulfil the obligations of the measure of diversion from criminal prosecution, determined according to Article 55 of this Code, stipulating a verification list related to the grounds and the circumstances of the non-fulfilment.

     

    2. In compliance with Article 2 of this Code, Article 71 intends to stipulate for the probation service the procedural action necessary to be undertaken by the probation service in case the diversion measure is not fulfilled, listing as such: informing the prosecutor in writing; informing the child, the parent/s or the legal representative, accordingly, in writing and verbally regarding the consequences of the failure to implement the conditions and the obligations of the diversion measure and the rules of the review in case of a non-fulfilment.

     

    3. At the same time, the purpose of Article 71 of the CCJC is to attract the attention of the Probation Service and of the competent authorities on the principles of friendly justice for children, according to the provision of paragraph 3 of this article as well as Article 15 of the CCJC. Therefore, the legislator highlights that the limitation or the confinement of the child in case of a non-fulfilment of the alternative measure of diversion from the criminal prosecution shall be considered as the last measure and that the non-fulfilment of the conditions and of the obligations, which originate from the measure of diversion from the criminal prosecution, does not constitute a criminal offence. The purpose of this article is to guarantee the protection of the offending child even if this child fails to fulfil his/her obligations concerning the diversion order and to continue to uphold the principle of the best interest of the child.
  • Scope
    4. Article 71 of the CCJC stipulates that the Probation Service, as competent body has the duty to inform the prosecutor in writing immediately, in case the child, intentionally, does not fulfil the obligations of the alternative measure of diversion from criminal prosecution. The service also interacts with the child, the parents and the legal representative, accordingly, to inform them about the situation at hand.

     

    5. Article 71 of the CCJC has a descriptive nature regarding the procedural steps that shall be followed by the Probation Service. Paragraph 1 and 2 provide an explanation for these steps. First, the prosecution has to be informed in writing and then informing the child, the parent and the legal representative, accordingly regarding the consequences of the non-fulfilment of the diversion order and the rules on the review in case of non-fulfilment.

     

    6. Article 71 of the CCJC, paragraph 3, goes back to the principles and the guarantees of a system where the interest of the child is the primary consideration and where the friendly justice is enhanced, stipulating that the non-fulfilment of the conditions and obligations deriving from the measure of diversion shall not constitute a criminal offence and shall not automatically result in the restriction or the deprivation of liberty of the child.
  • Comments
    7. Regarding the interpretation of the phrase “If the child intentionally fails to fulfil the measure of diversion from criminal prosecution” used in Article 70 of the CCJC, the legislator considers it as expressed intention not to fulfil the obligation. As the child has expressed his free consent in writing for the application of the diversion measure, through “voluntarily” acceptance, according to Article 60 paragraph 2 of this Code, it is clear that the intention of the child can be evaluated based on the clear information and understanding of the process and of the effects. This information has to be given in order for the child to be informed, among other issues, on the potential consequences and on the various results for the implementation of this measure as well as the non-fulfilment of this measure.

     

    8. On the Probation Service according to this article: In the concrete case, the Probation Service, which is based on and functions according to law no. 8331 dated 21.04.1998 “On the execution of the criminal decisions”, amended with law no. 10024 dated 21.11.2008, and on the regulation “On the organisation and the functioning of the probation service and on the determination of the standards and procedures, for the supervision of the alternative sentence execution” adopted with decision no. 302 dated 25.03.2009 of the Council of Ministers, is competent for the identification of the facts and of the circumstances which have not permitted the child to fulfil the obligations of the diversion measure.  The probation service drafts a report on the identification of the above-mentioned facts and circumstances in the case of the non-fulfilment or partial fulfilment of the obligations of the child, provided for in Article 30 of the regulation[1]. In case it is impossible to fulfil the terms and obligations mentioned and after establishing the facts and the circumstances which impact on the impossibility of the fulfilment, and after having met the child, the Probation Service sends a notification report to the prosecutor’s office on the reasons for the non-fulfilment of the obligations by the child.  When appropriate, the Probation Service encloses data in relation to the non-fulfilment by the child of the obligations by the court order. The report also contains a proposal for the prosecutor on the actions that should be undertaken in compliance with the rate of the dangerousness of the offence and the evaluation on the case carried out by the Probation Service.   The types of the proposals for the prosecutor are: a) rendering a warning in the cases of the children or of the offences committed for the first time; b) the submission of the request addressed to the court to change the obligation, to add other obligations, to replace them with other sentences or to revoke the diversion measure.  The Probation Service may use analogy to Article 30 (see footnote 2). However, based on Article 141 of this Code, sub-legal acts shall be provided by the Council of Ministers for the procedure that will be followed in case of a non-fulfilment of the obligations which are provided for and stipulated in article 72 of this Code.

     

    9. According to paragraph 1 of Article 71 the content of the information for the prosecutor describes comprehensively the time, the place, the way and the circumstances of the non-fulfilment and the child’s personal situation. The information should be clear, detailed and should identify the purpose of the child for the non-fulfilment of the obligation. All these elements shall serve to the prosecutor to make an evaluation on the conditions and the circumstances that have led the child to the non-fulfilment of the obligation.  

     

    10. The information provided to the child, the parent/s or, accordingly, to the legal representative, provided for in the second paragraph of Article 71 of the CCJC compels the Probation Service to inform all parties involved in the process equally. Therefore, the Probation Service informs the prosecutor, according to the requirements of paragraph 1 of this article, as well as the child regarding the consequences of the non-fulfilment of the terms and conditions of the diversion measure and the review rules in case of a non-fulfilment, provided for in Article 72 of this Code. With regard to the meaning of the phrase “legal representative”, Article 3 paragraph 16 of this Code shall be used stipulating as such the parent, the relative (the person with a close family, gender or marriage relationship with the child, or the guardian of the child (the person who has been appointed as such by the court), who participates in the procedure of criminal justice for children to protect the interests of the child.

     

    11. According to paragraph 2 Article 71 of this Code the content of the information for the child shall be comprehensive and clear. The legislator underlines the details of the information in order for the competent body to pay all the necessary attention to give full and comprehensive explanations which contains a lot of individual parts related to the consequences which come from the non-fulfilment of the diversion measure. Being comprehensive means providing quantitative as well as qualitative information carefully and with consideration for all the parts and the aspects of all possible consequences of the non-fulfilment of the measure. This means that the effects caused by the non-fulfilment of the diversion measure must be analysed in all cases, related to the rights, obligations and the warnings to be considered by the child. The detailed information means the accurate child-friendly information, the answers to all possible questions and the assumptions, the elimination of the technical language complications and of the phraseology complications as well as exhausting and comprehensive explanations.  The right to be informed should be considered in relation to the rights and the procedural guarantees of the child in conflict with the law, which are provided for in Chapter III of the CCJC.  The child in conflict with the law enjoys the rights provided for in the Code of Criminal Procedure as well as the special rights provided for in this Code. The children in conflict with the law are entitled to be informed immediately in the form related to their individual development taking into consideration their maturity and every concern they may have regarding the communication. The children shall be treated as the full holders of the rights and shall be entitled to enjoy their rights taking into consideration their capacity to explain their views, as well as the circumstances of the case. Several aspects of importance shall be considered here. Firstly, the communication forms with the child including necessarily the verbal one and the one in writing. Every information should be accompanied by informative material. Secondly, according to the non-discrimination principle, in harmony with the Convention and the UNO “On the rights of the persons with disabilities”[2] and the law 93/2014 “On the involvement and the accessibility of the disabled persons”[3] Article 60 paragraph 2 provides for the obligation to provide explanation in the appropriate communication forms, according to the special skills of the child. Disabilities shall be treated in a way that ensures dignity, enhances autonomy and facilitates active participation throughout the process recognizing the rights of the child with disabilities for special care and the right to assistance that is necessary and appropriate for the condition of the child. 

     

    12. “Failure to fulfil the conditions and obligations deriving from the measure of diversion from criminal prosecution shall not constitute a criminal offence and shall not automatically result in restriction or deprivation of liberty of the child”, which belongs to paragraph 3 of this Article , is considered in relation to the criminal justice principles for children provided for in chapter II of this Code and more closely with Article 15 of the CCJC where the limitation or the deprivation of liberty is the final measure. The Convention of the Rights of the Child, Article 37, letter “b”, stipulates: The States Parties assure that (b) “No child shall be deprived of liberty illegally or arbitrarily. The arrest, the detention or the imprisonment of a child shall be in compliance with the law and shall be used only as a final measure and for a short period of time.”  So, even in the case of the non-fulfilment of the conditions and the obligations of the measure of diversion from criminal prosecution, the deprivation of liberty against the child is considered as the last measure.     

     

    [1] See article 30 of the regulation “On the organisation and the functioning of the probation service and on the determination of the standards and procedures, for the supervision of the alternative sentence execution”, adopted with decision no. 302 dated 25.03.2009 of the Council of Ministers.

    [2] See article 13 and 7 of this convention: Article 13, Access to the justice bodies 1 The States Parties shall ensure an effective access to the justice bodies for the people with disabilities just like the other part of the population, including appropriate procedural accommodations and according to the age, to facilitate their role as direct and indirect participants including even the role of the witness in all the legal procedures, the investigatory phases and the other preliminary stages.  2. In order to ensure the appropriate access to the justice bodies for the people with disabilities, the States Parties shall encourage the organisation of the training sessions for those people who work in the field of the justice administration, including the police and the prison staff; Article 7, Children with disabilities:1 States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all  human rights and fundamental freedoms on an equal basis with other children. 2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration. 3. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.

    [3] According to article 7 of this law:  1. “Supported decision-making” is the exercise of the will by one person with disabilities through a specific added competence, which supports his purpose and best interest, providing to this person the opportunity to carry out actions to win rights and to undertake obligations.   2. Every person with disabilities, who needs assistance in decision-making, receives the appropriate support by one trustworthy individual or group of individuals.  The support may be ensured through several ways, including the support through interpretation and simple language, as well as the assistance in the relations of the person with third parties, who cannot understand his communication ways.  The support is provided gradually, giving sufficient time to them.  

  • Historic context
    13. It is the first time in the Albanian legislation that such a regulation as that of Article 71 of CCJM is provided for at the level of a Code, thus setting out procedural steps to render a decision which comes as a consequence of the fulfilment of the obligations after the implementation of the diversion measure from the criminal prosecution against the child in conflict with the law. More specifically, the Criminal Procedure Code approved by the law no 7905, dated E. 21.3.1995, as amended, by law no 8460, dated 11.2.1999, by law no 8813, dated 13.6.2002, 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 before the adoption of the CCJC.

     

    14. In Justice System Analysis, the Senior Level Experts Group at the Parliamentary Ad Hoc Committee for the Justice System reform has highlighted that in Article 46 of the Criminal Code, educational measures for the minors and concretely putting the minor in an educational institution. In practice, the court has applied the educational measure by way of ordering to put the minor in an educational institution, however, in all the case when the court has applied such a measure, the decisions have remained un-enforced, since there are currently no such institutions in our country.

     

    15. Seen from the perspective of the Criminal Code, a similar measure to the measure of diversion from the criminal prosecution is the measure of exemption of the minor from the punishment under Article 51 of the Criminal Code, which was imposed by the court, the latter referring to the low dangerousness of the criminal offence, concrete circumstances of commission and previous conduct of the minor. Under such circumstances, the court may decide to send the minor to an education institution. A novum, being brought about by the measure of diversion from the criminal prosecution according to Article 55 of CCJM is that it may be imposed by the prosecutor, which previously, based on Article 52 of the Criminal Code, could be imposed only by the court and this was the case after the conviction of the minor. The measure of diversion from the criminal prosecution is a measure which, in each instance, observe the best interest of the child, thus not holding him criminally accountable and ensuring to him his education through other alternative measures imposed on a case by case basis referring to the nature and gravity of the criminal offence having been committed.
  • International acts
    16. 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. Link: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx

     

    17. The Committee of the Rights of Children has prepared some specific recommendations according to Article 40 of the CCR. Appropriate measures should be used to treat these children, avoiding the judicial procedures and guaranteeing the full respect of human rights and legal guarantees. “Rules of Beijing” broaden their meaning in the support they give to the avoidance of the criminal process in rule 11. It The fact should be taken into consideration that in case of offenders, the criminal proceeding should be avoided by the relevant authorities, according to rule 14(1). The police, the prosecution office or other agencies related to the case of the children should be authorized to cover this case according to their discretion, without addressing formal hearings. Every diversion from court procedures could be claimed by the child, the parent or the legal guardian, and this decision should be made by the relevant authority. Several provisions such as the orders of surveillance, care, guidance, counselling, the release on parole and re-education; programs for the training, education and the teaching of professions, as well as other alternatives for provision of care by the institutions should be available to guarantee that the children are treated appropriately and in relation to the circumstances and their offence.

     

    18. Recommendation no. R (87) 20 on the social reactions to minors accused of having committed criminal offences encourages the conduct of the procedures of diversion and mediation. RECOMMENDATION No. R (87) 20 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON SOCIAL REACTIONS TO JUVENILE DELINQUENCY provides:

     

    "II. Diversion - mediation 2. to encouraging the development of diversion and mediation procedures at public prosecutor level (discontinuation of proceedings) or at police level, in countries where the police has prosecuting functions, in order to prevent minors from entering into the criminal justice system and suffering the ensuing consequences; to associating Child Protection Boards or services to the application of these procedures; 3. to taking the necessary measures to ensure that in such procedures: - the consent of the minor to the measures on which the diversion is conditional and, if necessary, the co-operation of his family are secured; - appropriate attention is paid to the rights and interests of the minor as well as to those of the victim;" Link: http://archivio.transnazionalita.isfol.it/file/CoE_Rec_R87-20%20Eng.pdf. " Last accessed on 28.08.2017.

     

    19. United Nations Standard Minimum Rules for Alternative (Non-custodial) Measures: The Tokyo Rules (1990). The present Standard Minimum Rules provide a set of basic principles to promote the use of non-custodial measures, as well as minimum safeguards for persons subject to alternatives to imprisonment. The Rules are intended to promote greater community involvement in the management of criminal justice, specifically in the treatment of offenders, as well as to promote among offenders a sense of responsibility towards society. The Rules shall be implemented taking into account the political, economic, social and cultural conditions of each country and the aims and objectives of its criminal justice system. When implementing the Rules, Member States shall endeavour to ensure a proper balance between the rights of individual offenders, the rights of victims, and the concern of society for public safety and crime prevention. Member States shall develop non-custodial measures within their legal systems to provide other options, thus reducing the use of imprisonment, and to rationalize criminal justice policies, taking into account the observance of human rights, the requirements of social justice and the rehabilitation needs of the offender. Link:http://www.ohchr.org/Documents/ProfessionalInterest/tokyorules.pdf – last accessed on 13.12.2017

     

    20. Recommendation CM/Rec (2008)11 of the Committee of Ministers to member states on the European Rules for juvenile offenders subject to sanctions or measures. The aim of the recommendation is to achieve a greater unity between its member states, in particular through harmonising laws on matters of common interest for an interaction at European level for better protecting the rights and welfare of minors conflicting with the law and for developing the justice systems for minors to the interest of the minors. Juvenile offenders subject to sanctions or measures shall be treated with respect for their human rights. The sanctions or measures that may be imposed on juveniles, as well as the manner of their implementation, shall be specified by law and based on the principles of social integration and education and of the prevention of re-offending. Sanctions and measures shall be imposed by a court or another legally recognised authority they shall be subject to prompt judicial review and imposed for the minimum necessary period and only for a legitimate purpose. The imposition and implementation of sanctions or measures shall be based on the best interests of the juvenile offenders, limited by the gravity of the offences committed (principle of proportionality) and take account of their age, physical and mental well-being, development, capacities and personal circumstances (principle of individualisation) as ascertained when necessary by psychological, psychiatric or social inquiry reports. The sanctions or measures shall not humiliate or degrade the juveniles subject to them Sanctions or measures shall not be implemented in a manner that aggravates their afflictive character or poses an undue risk of physical or mental harm. Sanctions or measures shall be implemented without undue delay and only to the extent and for the period strictly necessary (principle of minimum intervention) Deprivation of liberty of a juvenile shall be a measure of last resort and imposed and implemented for the shortest period possible. Special efforts must be undertaken to avoid pre-trial detention. Sanctions or measures shall be imposed and implemented without discrimination on any ground such as sex, race, colour, language, religion, sexual orientation, political or other opinion, or other status (principle of non-discrimination). Mediation or other restorative measures shall be encouraged at all stages of dealing with offending juveniles. Any justice system dealing with juveniles shall ensure their effective participation concerning the imposition as well as the implementation of sanctions or measures. Juveniles shall not have fewer legal rights and safeguards than those provided to adult offenders by the general rules of criminal procedure. Any justice system dealing with juveniles shall take due account of the rights and responsibilities of the parents and legal guardians and shall as far as possible involve them in the proceedings and the execution of sanctions or measures, except if this is not in the best interests of the juvenile. Any justice system dealing with juveniles shall follow a multi-disciplinary and be integrated with wider initiatives for juveniles for the continuity of the care of such juveniles (principles of community involvement and continuous care). The juvenile’s right to privacy shall be fully respected at all stages of the proceedings. Link: https://www.unicef.org/tdad/councilofeuropejjrec08(1).pdf – last accessed on 13.12.2017
• International standards/International references/Best examples

  Reports, opinions, recommendations and declarations

  • ‘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.
  • Declaration on the Rights of the Child.
  • European Union Level Instruments.
  • EU Charter of Human Rights
  • Lisbon Treaty 01.12.2009

  American Department of Justice Office of juvenile justice and crime prevention. National Justice Institute (Cases and practises) 

  21. According to the study analysis of the cases and the practises in different countries in the USA summarized in Juvenile Diversion Guidebook Prepared by the Models for Change Juvenile Diversion Workgroup it results that: Link: http://www.modelsforchange.net/publications/301 - Last accessed on 13.12.2017

   

  21. “Florida Overview: Florida’s, Miami-Dade Civil Citation program intervenes with first and second time misdemeanour offenders. Eligible participants receive an assessment and application of appropriate, targeted interventions. The county-wide initiative began in April 2007 and currently all 37 local arresting agencies refer youth to the Miami Dade Civil Citation Program. Target Population: The program targets youth, 17 years and younger, charged with a misdemeanour offense. Certain misdemeanour offenses (e.g., gang-related, sexual related behaviour, and weapon offenses) are not eligible. Program Description: Police officers may refer eligible youth to the Juvenile Services Department (JSD) where they will receive an assessment and application of appropriate, targeted interventions. When an assessment is completed a treatment plan is generated and if deemed appropriate, referrals to mental health treatment, substance abuse treatment, mentoring, family counselling, educational assistance programs, and community service are made by a case manager. Case-management services are provided for approximately 3 months, to ensure the completion of all services and sanctions in the youth’s treatment plan. If successful, the youth avoids the stigma of a formal arrest. According to outcome data, over 8,000 youth have participated in the program since April 2007. As a result of the Civil Citation initiative, juvenile arrests have been reduced by 21%. An independent economic study of the program concluded that civil citation costs less than half the cost of detention. In addition, intake and screening time has been reduced by over 60%, and paperwork has been significantly reduced, resulting in savings of time and money.”

   

  23. “Washington Overview: The TeamChild program in Washington State was established in 1995 under federal violence and delinquency prevention grant funds distributed by the Washington State Advisory Group. TeamChild attorneys provide free legal advocacy and community education to help justice-involved youth secure education, housing, healthcare, and other vital supports to achieve positive outcomes. The program started as a pilot in King County and currently provides services to youth in six additional counties, as well as training and technical support statewide. TeamChild currently receives funding from the state and county general funds as well as from private foundations. Target Population: The program is targeted to low-income youth, ages 12-18, who are at risk of or already involved in the juvenile justice system. A youth can be referred to TeamChild at any point of the juvenile justice processing continuum and can also be referred by community providers. Program Description: TeamChild was built on the simple premise that many youth can be diverted from delinquency and violence if their basic needs are met. Youth are referred to TeamChild to address a variety of civil legal needs. For example, TeamChild works with youth in danger of dropping out or getting pushed out of school by helping them understand and exercise their rights to an education. TeamChild also helps youth with disabilities access quality, appropriate, mental health services and helps youth without a place to live secure safe and stable housing. By securing community supports, TeamChild helps young people stay connected to their families and communities and gives courts viable alternatives to incarceration. An independent evaluation of the program found that TeamChild participants were almost four times less likely to come into contact with the juvenile justice system than those in a matched comparison group 6 months post-program involvement. Program participation is voluntary and lasts as long as is necessary to address a youth’s complex needs. TeamChild has served over 9,500 children since its inception”.

   

  24. “Pennsylvania Overview: In Lancaster County, Pennsylvania, Youth Aid Panels are used as a means for diverting youth who become involved with the juvenile justice system. Established in the early 1990s, the Youth Aid Panel program has two goals: to prevent youth from becoming more involved in delinquency and poor decision-making, and to make youth accountable for their actions through services to the victim and/or their community. The program is overseen by local law enforcement and the Lancaster County District Attorney’s Office. Funding is received from the District Attorney’s office and the Office of Juvenile Justice and Delinquency Prevention. Target Population: To be eligible for this program, youth must be between the ages of 10 and 18, charged with committing a nonviolent offence, and admit to the charge. Diversion occurs at the youth’s initial contact with law enforcement. Program Description: The Youth Aid Panel comprises citizens of varying ages, professions, ethnicities, and socio-economic groups. They review the youth’s case and determine a resolution for both the victim and the offender, utilizing the input of the offender and his/her family and resulting in some form of restitution to the victim. Diversion contracts may require youth to write an essay, perform community service, attend an educational class, provide a verbal or written apology letter to the victim, etc. For the youth to continue involvement in the program, they must participate in required services and maintain attendance at reporting sessions. Failing to do so might result in sanctions ranging from a warning to unsuccessful discharge from the program and the filing of a petition.”
• Legislative material

  The analysis of the Justice System in Albania, June 2015, drafted by the Group of Experts of the High Level attached to the Special Parliamentary Commission on the Reform in the Justice System http://www.reformanedrejtesi.al/sites/default/files/dokumenti_shqip_0.pdf, 

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

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

  Decision of the Parliament No.97/2016, the packet of 27 draft-laws. http://www.reformanedrejtesi.al/sites/default/files/relacioni-1.pdf , 20 November 1989 

  Minutes, dated March 27-28 of the Commission of Juridical Matters, for the review and the adoption of the draft-law “Code of Criminal Justice 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 paragraph 2 letter “ç”, article 54 paragraph 1, paragraph 3 and paragraph 4, article 30, article 31.

  Criminal Code of Republic of Albania article 12, article 52, article 46.

  Code of Criminal Procedure of the Republic of Albania, article 24, 328. 

  Law no.8331 dated 21.4.1998 “On the execution of the criminal decisions”, article 9 and article 31/9 and Law No.10024, dated 27.11.2008, “On some amendments and addenda in Law No. 8331, dated 21.4.1998 “On the execution of the criminal decisions”, provide for that the prosecutor is compelled to take all the measures for the execution of the decision in compliance with the orders of the court and shall control the adequacy of the execution of the decision. Therefore, when the court judges to suspend the decision with imprisonment and to replace it with an alternative sentence, it sends the decision to the prosecutor right away. The prosecutor cooperates with the Probation Service, which according to the new amendments in the criminal legislation is established as the state body whose responsibility is to supervise the enforcement of the alternative sentences. The Probation Service submits information and reports to the prosecutor or the court and assists in the execution of the alternative sentence. In addition, it is in charge of assisting the sentenced person to overcome the difficulties for the social reintegration. http://www.pp.gov.al/web/ligji_per_ezekutimin_e_vendimeve_penale_i_perditesuar_1035.pdf,   Last accessed on 25.08.2017. 

  REGULATION “ON THE ORGANISATION AND FUNCTIONING OF THE PROBATION SERVICE AND ON THE DETERMINATION OF THE STANDARDS AND PROCEDURES, ON THE SUPERVISION OF THE ALTERNATIVE SENTENCES” ADOPTED WITH DECISION No.302, dated 25.3.2009 of the CoM. http://www.sherbimiproves.gov.al/images/pdf/1_Rregullore_Shp.pdf 

  Law No. 93/2014 “On the involvement and the accessibility of the people with disabilities” article 60 paragraph 2

• Sublegal acts
  No Comment
• Decisions
  No Comment
• Literature

  Juvenile Diversion Guidebook Prepared by the Models for Change Juvenile Diversion Workgroup Link: file:///C:/Users/CRS/Documents/Juvenile_Diversion_Guidebook.pdf 

  Office of Juvenile Justice and Delinquency Prevention

  Link:  Programs.pdfwww.ojjdp.gov/mpg/litrev iews/Diversion 

  Justice System Analysis 

  http://www.reformanedrejtesi.al/sites/default/files/procesverbal_date_24.06.2016_0.pdf Lik: https://www.unicef.org/tdad/councilofeuropejjrec08(1).pdf 

  RECOMMENDATION No. R (87) 20 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON SOCIAL REACTIONS TO JUVENILE DELINQUENCY

  http://archivio.transnazionalita.isfol.it/file/CoE_Rec_R87-20%20Eng.pdf 

  Recommendation CM/Rec 2008 (11) of the Committee of Ministers of the member states on the European Rules for the child convicts

  http://archivio.transnazionalita.isfol.it/file/CoE_Rec_R2008-11%20Eng.pdf 

  TRAINING MANUAL FOR THE PROFESSIONALS WHO WORK WITH THE CHILDREN IN THE PENITENTIARY SYSTEM

  file:///F:/Komentari%20elektronik/2%20Training%20Manual%20for%20the%20Professionals%20Working%20with%20Juveniles%20within%20Penitentiary%20System.pdf 

  http://www.pp.gov.al/web/ligji_per_ezekutimin_e_vendimeve_penale_i_perditesuar_1035.pdf,   Last accessed on 25.08.2017.

  http://www.drejtesia.gov.al/files/userfiles/Komisioni_i_licensimit/Ligji_nr_10385_dt_24.02.2011.pdf Last accessed on 25.08.2017.

  http://www.sherbimiproves.gov.al/images/pdf/1_Rregullore_Shp.pdf

• Archive
  No Comment