The Role of Trust in the Criminal Procedure

• Pages: 20-27

Vol. 9 No. 3

November, 2023

Academic Journal of Business, Administration

Law and Social Sciences

20

E-ISSN 2410-8693

ISSN 2410-3918

The Role of Trust in the Criminal Procedure

M.Sc. Albi Gjoka

Faculty of Law, University of Tirana

Ph.D. Evangjeli Xhuvani

Faculty of Law, University of Tirana

DOI: hps://doi.org/10.2478/ajbals-2023-0006

Abstract

Trust and the feeling of being protected is the core value of the legal process. Trust should not

be confused with the idea of goodwill. Goodwill is not normative of the criminal law, but it

is a concept of the private law. A similar principle of trust in criminal law is the intent, which

terminologically has a beer connotation with criminal law than goodwill. Nevertheless, there

is still a part that this denition does not include and leaves gaps in which the word trust is

beer used as a denition. The principles of legality and lex stricta are values in criminal law

and also have their interpretations widely used. Main topic of this paper is the usage of the

word trust and the need to trust the criminal law and have faith in it. A faith which is built in

centuries and cases after cases which have led to a general conclusion. The conclusion is not

to question the criminal process, the lawyers or judges and its paragraphs but to accept it as it

is and follow its directions. Examples, case studies and other central topics can lead to a beer

understanding of the good faith in criminal law.

Keywords: Criminal law, trust, criminal process, cases, lex stricta.

1. Introduction

Trust is a word which is widely spread in dierent areas of life. The patient-doctor

trust is one of them, which helps the collaboration and makes it easy for the entire

process to work. Trusting in criminal law is a good start, which serves an important

meaning in the entire process. Both parties trusting each other helps render their

professional ethic and avoids any prejudices when showing pieces of evidence.

Trusting is also creating cooperation, encouraging witnesses to have a fair and safe

confession and assuring them that everything will be in their best interest. The need of

trust is necessary for ongoing processes and for overall safety and helps to encourage

Research Article

© 2023 Albi Gjoka & Evangjeli Xhuvani

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