Domestic violence, a widespread phenomenon in Albania - Strengthening measures and severity of impunity for this criminal offense

• Author: Asllan Dogjani
• Position: Member of the Albanian Parliament
• Pages: 135-140

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 1 No. 1

January 2017

ISSN 2519-1284

Acces online at www.iipccl.org

135

Domestic violence, a widespread phenomenon in Albania - Strengthening

measures and severity of impunity for this criminal o ense

Av. Asllan Dogjani

Member of the Albanian Parliament

Abstract

The focus of this paper is oriented to the amendments concerning punishment, stricter

measures, facilitation of procedures, the possibility that the law gives victims of domestic

violence to be protected immediately by the abuser, and how legal changes have infl uenced

the reduction of this widespread phenomenon in Albania. The continuous increase of domestic

violence victims led to the necessity of legal changes. In the amendments of law no. 9669, dated

18.2006 is provided the increase of punishments, strengthening of measures and facilitation

of the procedures in order to provide the victims greater opportunities to be protected against

the domestic violence. This is the legal system that operates to eliminate domestic violence

that occurs in all its forms, as physical and psychological violence. The legal framework that

supports victims of domestic violence is wide and complete, but the implementation process

is very slow and di cult to apply. This defi ciency on the implementation of laws for domestic

violence is similar to the lack of a legal framework, thus there are li le opportunities provided

for the rehabilitation or treatment of victims and punishment of abusers. The phenomenon of

domestic violence is di cult to eradicate from the Albanian society in, but is not considered as

an impossible mission. This mission must not be seen as a duty of the Justice system only, but

in order to be completed, it must necessarily involve the civil society.

This study’s aim is to o er feasible and realistic solutions that can signifi cantly minimize the

number of domestic violence cases. A detailed analysis is made on causes and di erent aspects

that impact this phenomenon, in order to conclude a general opinion that serves to the legal

framework and institutions responsible for domestic violence.

Keywords: protection order, immediate protection order, measures, violence, victims of

violence, court, law, family, the Constitution, the Criminal Code.

Introduction

Domestic violence is a wound on human society, and Albania is not an exception.

The justice system is facing more and more cases of domestic violence of various

forms. Domestic violence is globally widespread. Its consequences on women are

considerable, because it threatens their lives, wellbeing, psychological integrity and

freedom. Physical signs are easy to identify, but domestic violence comes in more

other forms that are di cult to be detected. O en the abuser prohibits the victim

to address the case to the competent institutions, especially in cases when violence

marks are evident, in order to be di cult to prove the violence. Justice professionals

must be very a entive to the psychological consequences of domestic violence. O en

the woman has signs of post-traumatic stress and a good professional of justice may

require the help of a colleague in the fi eld of psychology or social work, to make

an assessment and a professional report to demonstrate those consequences, not so