The right to protect defects in the legal rules of procedure

AuthorAdrian Leka
PositionUniversity 'Luigj Gurakuqi', Faculty of Law
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
Vol. 2 No. 1
January, 2018
ISSN 2519-1284
Acces online at
The right to protect defects in the legal rules of procedure
Dr. Adrian Leka
University "Luigj Gurakuqi", Faculty of Law
Writingfor the defender and his position during the criminal process is as aractive and
dicultItis aractivebecausea goodadvocatemust beagood acquaintancewiththe law
have professional skills and act within the boundaries of his profession ethics, be able to
communicaterecognize logic andpsychologyIt isdicult becauseit is agreat enterprise
to dene in a topic the procedural position of the defender and his defense techniques
ethics professionalism criticism and wealthy court practice With the adoption of the
Criminal Procedure Code in 1995, the Albanian criminal procedural law was channeled
intothe accusatorysystemrespecting theequality ofpartiesin theprocess andconducting
a controversial adjudication. So the key basis for a judgment on these principles became
The defense counsel performs his duty as an assistant when the defendant he is defending is
present and as a representative when the defendant is not present. The role of the defender
is very important. He protects the rights and procedural safeguards of the defendant. The
lawyer thus secures the real right of the defendant as one of the basic rights for a due legal
process in the Constitutional and European sense. Problems in practice and not just have been
made issues related to the presence and replacement of the defense counsel chosen by the
defendant, the legitimization of the defender appointed or assigned mainly by the relatives
of the defendant to appeal against the decision given in absentia defendants, guaranteeing
presence in some investigative actions and procedural inability to conduct investigations by
the defender himself But despite the great role played by the defenderhis gure suers
from our criticism of the level of corruption and in a few cases of deliberate delays in court
proceedings, making it a serious obstacle to these processes and to the judiciary , The Courts
Keywords: Protector, Code of Criminal Procedure, Defendant, Criminal Legislation.
I. Historical overview on the role of the protector in Albania
The beginnings of the existence of law in Albania date back to the last century.
Advocacy took shape formally at King Zogs time with the law dated 
and 18.07.1992. But even though it existed in this period, the defendants' right to
defendants in the criminal proceedings was more formal and of declarative character,
because the means of securing them were limited. The cultural level, the complicated
procedurethecorruptjudiciary systemthebureaucracymadeitdiculttorealize
the right of defense. At this time, protection was a privilege of the rich layer, as only
they had the economic means to cope with the expenses of the lawyer who were large
(Kushe, 1990). By the end of 1946, advocacy was exercised on the basis of agreements
between lawyers and their clients, which was controlled by the Ministry of Justice. By

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