SQ
EN
The School of Magistrates, on 15 April, 2025, had the training activity on topic: “The invalidity of the decision of the judge of the preliminary hearing. The non – respectation of provisions regarding the notification of the defendant and the suspension of the judge in the preliminary hearing, effects on the trial of the first instance. Competences of the judge of the first instance level for the noticing of the invalidity, the obligation of the continuation of the judgment of the first instance level in spite of the elements of the invalidity of the decision of the judge of the preliminary hearing. Judicial practice and the attitudes of the High Court in the case of references for the conflict of competences between the judge of the first instance and the judge of the preliminary hearing .”
This activity was conducted by:
Experts: Sandër Simoni and Nurjeta Pogaçe
Facilitator: Erlanda Agaj
The purpose of this training is:
To train magistrates for the correct application according to the approaches of the High Court, of criminal procedural provisions that are related to the preliminary hearing, notifications for the defendant, conflict of competences and the relation between the decision-making of the judge of the preliminary hearing and of the judge of the first instance.
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:
- The meaning of ‘Competence – to the court assigned by law” according to the ECtHR; Competence and jurisdiction; Types of competences;
- The meaning of concepts: natural judge, primi perpetuatio iuridictions, perpetuatio fori, jus cogens, beyond every reasonable doubt;
- Dispositions because of non-competence (during preliminary hearing, during the trial); when is done incompetence, related proceedings; evidences received from an incompetent court; Safety measures imposed by a non-competent court;
- The rule of priority in competence of specialized courts (minors);
- Cases when are found mostly conflicts of competences between the judge of the preliminary hearing and the first instance judge;
- Cases of the invalidity of the judge of the preliminary hearing under the Code of Criminal Procedure and under the Code of Criminal Proceeding of Italy (differences between them);
- Practice of the Cassation Court of Italy, regarding the right of the first instance court to declare the invalidity of the decision of the judge of the preliminary hearing or of the application to sent the case to the court without any notification from the prosecutor, as the only opportunity to interfere to the prosecutor (abnormal non-decision – making);
- Practice of the Court of Cassation of Italy, regarding other cases when are not considered invalid decisions (the absence in the decision of time and space prolongation of the criminal fact);
- Effects of the invalidity of the decision of the judge of the preliminary hearing in the civil lawsuit;
- The meaning of the notification of the defendant, for participation in trial and methods of notification; Difference between the notification of the defendant for participation in trial and methods of notification; Difference between the declaration of the leaving and the decision of the not-finding;
- The identification of applicable norms for the notification of the defendant; ECtHR standards regarding the presence of the defendant in trial;
- The attitude of the Cassation Court regarding the notification of the defendant to participate in trial;
- The approach of the High Court regarding the notification of the defendant to participate in the trial.
In this training activity participated judges and prosecutors of the Republic of Albania.
