Extraordinary legal means against final criminal decisions in Albania

AuthorArben V. Prifti
PositionMediterranean University of Albania
Vol. 1 No. 1
January 2017
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
ISSN 2519-1284
Acces online at www.iipccl.org
Extraordinary legal means against nal criminal decisions in Albania
Av. Arben V. Pri i
Mediterranean University of Albania
This paper aims to address the extraordinary legal means against a nal court decision in a
criminal process, which means the review of a court decision at the Supreme Court of the
Republic of Albania. In jurisprudence and practice of procedure, the usual means against a
nal court decision consist of complaint or appeal to the Court of Appeal and Recourse to the
Supreme Court.
The Criminal Procedure provides importance to common means of appeal against a nal
decision in general and to the extraordinary means of retrial for a nal decision in particular.
In reality, the extraordinary means against a nal criminal decision is nothing but the
application that the parties address to the Supreme Court in order to review and decide on
the nal decision of the lower courts. However, in this case, the application for review must
contain new evidence, which was not known and could not be known by the parties in all
instances (arbitration levels), an evidence of great importance in the judicial process that can
change the entire course of the previous judicial process. In this sense, the criminal college of
the Supreme Court, in the consultation chamber, through the evaluation and assessment of the
new evidence, may perceive his conviction so as to decide to uphold or reverse the nal court
decision and the delivery of the case for review to the lower competent court which has given
the previous nal decision for the defendant.
The goal of addressing the review means of nal decisions in criminal processes is that justice
be served, taking and examining the criminal process, all evidence related to the o ense, or the
facts and circumstances of its commission , which were not previously known and received, but
that may a ect the guilt or innocence of the defendant. The paper starts with an introduction
and it is divided into several sub-topics which rst show the legal means, the extraordinary
legal means, the review of the nal criminal decision, and nally the conclusions.
Keywords: Review tools, nal decision, nal decision, court, prosecutor, defendant, lawyer,
new evidence.
This scienti c paper shall address a topic on extraordinary legal means, types
of extraordinary means, terms for their submission, court competence, persons
authorized to submit these means, etc.
Despite the guarantees provided in criminal proceedings, which aim at uncovering
the truth, despite the fact that the judgment of a criminal proceeding aims at the proof
or substantiation of the factual situation, the way the occurrence took place in case of
commission of the o ense, it is not excluded the possibility that the court's decision
be incorrect, or the court decision to have been taken in serious breach of material law
and the criminal procedural law.
The causes which lead to taking an unfair decision or not based in law, may be

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