IMPACT OF THE CRIMINAL PROCEDURE OF CONTINENTAL LAW AND ANGLO-SAXON LAW IN DETERMINING THE PRINCIPLES OF PENAL PROCEEDINGS IN ALBANIA
IMPACT OF THE CRIMINAL PROCEDURE OF CONTINENTAL LAW AND ANGLO-SAXON LAW IN DETERMINING THE PRINCIPLES OF PENAL PROCEEDINGS IN ALBANIA

Summary/Abstract: This paper aims to address the impact of the continental and Anglo-Saxon criminal justice system in determining the principles of criminal prosecution in Albania. Theright to criminal procedure attaches importance to procedural systems. Indeed, two areclearly distinct procedural systems, first, the accusatory system, and the second is theinvisible system, which is distinguished by their traditional features and characteristics.However, there is also another system that lies between these two systems and is called themixed system, with the common features of the two above-mentioned systems. The purposeof the treatment of this scientific article is related to the importance of the proceduralsystems, the evolution they have had in European and Anglo-Saxon law, but above all theirinfluence on the principles of Albanian procedural law and especially at the stages ofcriminal proceedings both during preliminary investigations and at the stages of judicialreview. Knowing the features and distinctive features of each procedural system, weunderstand what is the system that suits it and needs to be implemented in Albanianprocedural law. In this respect, after an analysis of the historical and evolutionaryimplications of the procedural systems of continental and Anglo-Saxon countries, seeing theevolution of our procedural system, we conclude that our procedural system, which iscurrently mixed with the accuser, should change completely and be a pure charger system.To this end, there is a need to observe the new Criminal Procedure Code, which will enablethe realization and implementation of the desired system.

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