Training activity: “Verifications regarding the responsibility of the defendant” 22 October, 2025

The School of Magistrates, on 22 October, 2025, had the training activity on topic: “Verifications regarding the responsibility of the defendant. Urgent actions and legal consequences in the case of the verification of the irresponsibility because of the mental health. The application to determine medical measures.”

This activity was conducted by:  

Experts: Arqilea Koça and  Olgert Rumnici

Facilitator: Enkel Peza

The purpose of this training: 

The training of prosecutors and judges regarding material and procedural aspects of the elaboration of issues with mentally unable people. Recognition with the unifying practice of the High Court on the determination of medical measures. 

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. 

The training was focused in some issues such as: 

• The determination of medical measures and mainly, issues that are elaborated in the unifying judgment of the High Court. Standards imposed by the ECtHR. Typical cases of Albania; 
• Verification of the irresponsibility. Theoretical – practical aspects of the training of the Article 17 of the Criminal Code. Verification of the irresponsibility after the commitment of the criminal offense. Suspension of the proceeding; 
• The treatment of practices of courts in the field of mental irresponsibility. Aspects of standards of the treatment of irresponsible people;
• Verification of the irresponsibility. Criteria that are used. Treatment under judicial practice and doctrine, mainly foreign one. Exercise in group on questions of the expertise that judges and prosecutors make in cases of irresponsible people; 
• Determination of medical measures. Discussions on the unifying decision and the manner of its application; 
• Irresponsibility after the commitment of the criminal offense. Discussions on the way of decision-making of the court and prosecutor; 
• Standards determined by the ECtHR. Cases of Albania. Cases of the Albanian judicial practice. Domestic and foreign reports on the treatment of mentally sick people in their institutions of residence.  

In this training activity participated judges, prosecutors and judicial police officers of the Republic of Albania.