ESSENTIAL PRINCIPLES OF CRIMINAL TRIAL
ESSENTIAL PRINCIPLES OF CRIMINAL TRIAL

Summary/Abstract: This scientific article aims to address the fundamental principles of the criminal trial, engraved in the instruments of international law, the European Convention onHuman Rights and its jurisprudence. The Constitution of the Republic of Albania and theCode of Criminal Procedure, the basic principles of criminal trial find a wide reflection andlead criminal proceedings. Principles of criminal trial should not be considered as guidancenormative character. They are rules of law that dominate and govern criminal proceedings intheir entirety where compliance is mandatory. The basic principles of the criminal trial arelocated in the relevant sections of the Code of Criminal Procedure, with a supra legal valuebecause they are taken from an instrument of international law that is the EuropeanConvention of Human Rights.These principles are common points of procedural guarantees protecting the accusedand the victim by introducing public power during the criminal proceedings.The goal of treatment of the fundamental principles of the trial is that they are in themiddle of all criminal proceedings in which the court as well as the parties must respect andimplement strictly in order for justice to be put in place to protect the public interest.Thepaper begins with the principle of presumption of innocence, trial substantive rules,principles of organization of courts, principles on the conduct of the trial, the publicity and theend of the decision reasoning and conclusions.

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