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EN
The School of Magistrates, on 1 April, 2025, had the training activity on topic: “Authority of the judge of the preliminary hearing, his role in the criminal process. The limit regarding the evaluation and consideration of evidences. Possibilities of the decision – making of the judge of the preliminary hearing. Problems in practice regarding the availability for the accomplishment of investigations, calculation of pre-detention deadlines in the case of availability for the accomplishment of investigations, the stay of the case, alteration of the allegation. The division of the case in trial in the preliminary hearing and the legal anticipation in relation to the obligation of the examination of divided cases by the same judge of the preliminary hearing. The application of cases of incompatibility.”
This activity was conducted by:
Expert: Sokol Binaj
Facilitator: Gëzim Spahiu
The purpose of this training is:
The increase of knowledge in the preliminary hearing, as a new institute in our criminal procedural system. The analysis and consolidated elaboration of the role and competences of the judge of the preliminary hearing, as well as his decision – making. Recognition with problems and judicial practice related to the preliminary hearing, discussion on case laws and their comparative view with the Italian criminal procedural system and the practice of the Cassation Court in Italy.
The training was realized by combining presentations (up to 20 - 30 min) with the discussion of issues brought for discussion (self-study questions, questions, answers) and case law exercises & quizzes to encourage and realize the active interaction of participants.
In this training activity were elaborated different topics, such as:
- Competences of the judge of the preliminary hearing, his role in the criminal process;
- The limit (in report to the judgment of the case on merits) regarding the evaluation and consideration of evidences – evidencing standard of the adaptability in this interlocutor phase of the passage from the phase (of proceeding) of preliminary hearing to the phase of the judgment of the charge (of the process).
- Opportunities of the decision – making of the judge of the preliminary hearing.
- Problems of practice regarding the availability for the accomplishment of investigations, the stay of the case, change of the charge.
- The separation of the case at court in the preliminary hearing and legal anticipation regarding the obligation of the examination of cases divided by the same judge of the preliminary hearing.
- The detection of cases of non-compatibility.
In this training activity participated judges, prosecutors, and officers of the judicial police of the Republic of Albania.
