Expertise act as evidence, accessibility and practical issues according to the Albanian legislation

• Pages: 67-75

67

Vol. 10 No. 3

November, 2024

Academic Journal of Business, Administration

Law and Social Sciences

E-ISSN 2410-8693

ISSN 2410-3918

Research Article

© 2024 Ardian Cipa

This is an open access article licensed under the Creative Commons

Attribution-NonCommercial 4.0 International License

(https://creativecommons.org/licenses/by-nc/4.0/)

Expertise act as evidence, accessibility and practical issues according to the

Albanian legislation

PhD Ardian Cipa

University of Tirana, Albania

DOI: hps://doi.org/10.2478/ajbals-2024-0021

Abstract

One of the most important pieces of evidence provided by the Criminal Procedure Code

(hereinafter: CPC), is evidence with an expert, which is taken in cases when the proceeding

body for resolving a specic case needs special technical, scientic or cultural knowledge.

The lawmaker, as for any evidence provided in the CPC, provides for the notication of the

receipt of this evidence to the subject’s party to the criminal proceeding. Even in this case,

the evidence with an expert, namely the decision to appoint an expert, will be notied to the

subjects of criminal proceedings of the defendant or his defense counsel.

The problem encountered in practice regarding this decision is related to the fact that this

decision is notied only to the person who holds the status of defendant and is not notied

to the person under investigation or the person to whom the criminal oense is aributed.

In fact, this aitude taken by the prosecution practice is not in line with the provisions and

purpose of the CPC, which provides that the rights of the person under investigation or the

person to whom the criminal oense is aributed are equated with the rights of the defendant.

In relation to this fact, the Court of General Jurisdiction has taken a dierent position from the

Court of Special Jurisdiction. The Court of General Jurisdiction always noties the decision

to perform the act of expertise to the person under investigation and a completely dierent

position is held by the Court of Special Jurisdiction which noties the decision to appoint the

expert upon receipt of the status of the defendant. Another problematic related precisely to

the decision on the notication for the assignment of the expert is his recklessness in the trial

process, since the opinions held in practice are dierent. If we refer to the position of the Court

of Special Jurisdiction, it does not declare the act of expertise unnecessary in those cases when

the decision to appoint the expert has not been notied to the person under investigation.

Following this manuscript, I will also consider extensively the evidence with an expert and

the provisions of the CPC on this evidence, together with some concrete cases on the positions

held by the jurisdictions of the courts to notify the decision to appoint an expert as subject of

criminal proceedings.

Keywords: Material, procedural criminal law, Albania.