Training activity: “Topic 2 of the module: “Evidences and instruments of searching evidence in the criminal process”

The School of Magistrates, on 14 November, 2024, had at the School of Magistrates the second topic of the module “Evidences in the civil process”: 

“Recognition of persons, of things and of objects that could be object of visual perception. Subjects that can make the recognition, including the co-defendant and the defendant in a related proceeding. Procedural rule of the interrogation of the person that should do the recognition. Consequences of the non-appplication of these rules in the results of recognition. Procedures of recognition and legal amendments according to law no. 35/2017. The securing of persons/similar objects, the importance of this rule in the result of recognition. The mandatory presence of the defender in the process of recognition. The identification of the defendant through photograph, difference between recognition and identification/individualization of the defendant. The invalidity of recognition, the possibility of the repetition of recognition by the same person and problems in the judicial practice.” 

This activity was led by:  

Expert: 

Tereza Merkaj and  Olger Eminaj

Facilitator: Nurjeta Pogaçe

The training will be 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 will be elaborated different topics, such as:

• The concept of the recognition of persons, as an instrument of the searching of evidence in the criminal process and procedural rules of the interrogation of the person that should make the recognition; 
• Consequences of the non-application of these rules in the results of recognition; 
• Recognition procedure and legal amendments according to law no. 35/2017;
• The invalidity of recognition, the possibility of the repetition of recognition by the same person and problems of judicial practice;
• Analysis of domestic and international judicial practice on the recognition of the person, “Laska and Lika” versus Albania. Other recognitions according to Article 174 of the Code of Criminal Procedure. Recognition of the person by means of photography interpreted referring to domestic judicial practice;
• Recognition of the person by a minor victim as source of evidence and guarantees/applicable procedural rules;
• Specifics of the process of recognition of the person when the minor will perform the recognition of the victim of sexual violence; 
• Subjects that will perform the recognition including the co-defendant;
• The providing of persons, similar objects for the recognition as well as the obligatory presence of defense during recognition.

In this training activity participate judges, prosecutors, OPGj, legal advisors, of the Republic of Albania.