The right to protect defects in the legal rules of procedure

• Author: Adrian Leka
• Position: University 'Luigj Gurakuqi', Faculty of Law
• Pages: 39-50

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 2 No. 1

January, 2018

ISSN 2519-1284

Acces online at www.iipccl.org

39

The right to protect defects in the legal rules of procedure

Dr. Adrian Leka

University "Luigj Gurakuqi", Faculty of Law

Abstract

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

obviouslythegureofthedefenselawyer

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

eectiveprotectionbyadefenderdesignatedbytheproceedingbodylackofdefenseaorneys

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

andtheProsecutorsOce

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