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ActivitiesFebruary 28, 2023

Training Activity: Enforcement of “medical and educational measures”

In the context of the Program of Continuous Formation, the School of Magistrates organizes on 27 - 28 February 2023 the activity on topic: 

 

“Enforcement of ‘medical and educational measures’, Article 46 of the Criminal Code. The request of the prosecutor on the establishment of medical measures to irresponsible persons, under the Article 46 of the Criminal Code. Competent court of review.”

 

The panel in this training activity is composed of:   

  1. Experts of the School of Magistrates:
  • Amarildo Laçi
  • Genti Dokollari
  1. Facilitator of the School of Magistrates:
  • Sokol Pina

 

In this activity were elaborated various topics such as:

  • Cases of irresponsibility because of mental state. The meaning of medical measures taken in these cases. The necessity to foresee other measures of security (preventive, curative, educational) that can be taken to irresponsible persons before law, their duration, the periodicity of verification and the authority that should supervise them. The case of Albania viewed in comparative view with the legislation of some European countries;
  • Different problems related to the giving and revaluation of medical measures after changes in the Code of Criminal Procedure (2017);
  • Judicial practice in the judgment of cases with object, ‘the giving of medical measures’  – a procedural challenge after the reform of the Code of Criminal Procedure (2017); 
  • Problems encountered during the execution of the medical measure, “Compulsory treatment in a medical institution”;
  • Treatment of irresponsible persons and ECtHR jurisprudence for Albania;
  • Educational measures taken on minors. Their meaning under the Albanian legislation. International agreements that regulate this field. Applicable general standards. Challenges of the accomplishment of duties deriving from international acts;
  • Irresponsibility because of age. Protection measures. Exclusion of the minor from conviction;
  • The role of the section of minors in the judgment of applications for the giving of an educational measure and the implementation of avoidance measures.

 

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