Training Activity: Provisional release. Permit conditions, legal criteria to be met

In the context of the Program of Continuous Formation, the School of Magistrates organizes on 20 - 21February 2023 the activity on topic: 

“Provisional release. Permit conditions, legal criteria to be met. Life sentence conviction and calculation of the time of serving sentence. Safety period and provisional release. Recidivism, the behavior of the convict in the institutions of serving the sentence and perpetrator-victim relationship as essential elements of the evaluation report of the service of proof. The conclusion on the “achieving the purpose of punishment” and the role of the evaluation report in the criminal process. Differences in the implementation of the Institute of "Provisional release" towards adult convict and the minor in conflict with law. Substitution of the uncompleted part of the sentence as an innovation in the criminal justice legislation for minors.”

The panel in this training activity is composed of:   

1. Experts of the School of Magistrates:

• Tereza Merkaj
• Florjan Kalaja

1. Facilitator of the School of Magistrates:

• Nertil Dushku

In this activity were elaborated various topics such as:

• The meaning of the purpose of the prescription of provisional release;
• The acting of criminal law that regulates in time provisional release; 
• ECtHR jurisprudence and its evolution on provisional release;
• Analysis, elaboration of legal conditions for the enforcement of provisional release to the convicted adult according to the International Criminal Legal framework, Criminal Code, Code of Criminal Procedure, Law no.  79/2020 and unification of the High Court;
• Provisional release  of the life imprisonment convict;
• Unchangeable sentence to life imprisonment and categorical legal prohibitions of the implementation of  provisional release; historical, comparative and jurisprudential perspective;
• Sentence reduction under the penitentiary law for the convicts sentenced to imprisonment and to convicts sentenced to life imprisonment;
• Period and duration of the condition according to the Unifying Judgment no. 2/2015 and to Law no. 79/2020;
• Period of legal and judicial security;
• Cases of judicial practice for discussion; 
• Cases of judicial practice of  provisional release for life imprisonment convicts for discussion; 
• ECtHR jurisprudence on the enforcement of the institute of provisional release,  (Articles 3 and  7 of the ECHR);
• Provisional release of the minor in conflict with law. Its purpose and specifics it dictates;
• Three specific anticipations of the application of provisional release for  the minor in conflict with law; 
• Provisional release of the minor in conflict with in comparative view with the application of this institute to the adult convict;
• Analysis of a case of judicial practice;
• Jurisdiction of the court for the judgment of applications of provisional release;
• The start of the execution of alternative conviction of  provisional release;
• Judgment procedure of provisional release in the first instance, in the appeal judgment and in the judgment of the High Court;
• Automatic and discretionary revocation of provisional release and the equivalenting of the alternative and main conviction;
• The role of the victim of the criminal offence in judgments of provisional release; 
• Active legitimating for the exercise of appeal of the victim of criminal offense;
• Procedural position of IEVP and SHP in judgments of provisional release and their active legitimating for the exercise of appeal; 
• Provisional release in the agreement Albania – The United Kingdom (2021);  
• Substitution of the undone part of conviction; Purpose and legal criteria for the implementation of this institute;
• Active legitimating for the submission of the application;
• Procedure;
• The role of the Service of Proof and IEVP;
• Revocation of the decision for the substitution of the undone part of the conviction.

Quiz: https://rb.gy/7ohb4h