Training Activity on topic: Abbreviated judgment and judgment by agreement

In the context of the Program of Continuous Formation, the School of Magistrates organizes on 5 – 6 June, 2023 the activity on topic:  

“Abbreviated judgment and judgment by agreement. Findings/unclarities, diverse interpretations of enforcement in the judicial practice, the legal criteria to claim and develop the procedure of these special trials, after the amendments of the Code of Criminal Procedure by law no. 41/2021. Their application to the defendant and the minor in conflict with law. The necessity for elaboration, discussion and interpretation of the provisions of the CCP that discipline everyone’s guarantees in the criminal process. ” 

The panel in this training activity is composed of:     

1. Experts of the School of Magistrates:

• Tereza Merkaj
• Anita Jella

1. Facilitatorof the School of Magistrates:

• Erlanda Agaj

In this activity were elaborated various topics such as:

• Abbreviated judgment as a special judgment (conditions, criteria for its application, phases when should be requested); Advantages and disadvantages. Case laws; 
• Judgment by agreement for the admission of the guilt and the sentencing. The role of the prosecutor and of the judge. Why it is not widely spread in practice?
• Debates in the High Court regarding the institute of the abbreviated judgment; decisions of the High Court in cases when the abbreviated judgment should not be accepted; should be accepted; abbreviated judgment in cases of review; abbreviated judgment for the child that is accused for criminal offenses sentenced by life imprisonment, etc.; Collection of opinions by practitioners of law (judges, prosecutors) related to these discussable issues.
• What are the conditions and criteria that should be met for the application of the abbreviated judgment?
• What is the abbreviated judgment for the defendant? Is it material law, procedural law or mixed law (procedural materials)?
• Until when should be requested the abbreviated judgment?
• What are the practical problems of the abbreviated judgment considering the changes made in the Code of Criminal Procedure of the years 2017 and 2021?
• What are the conditions and the criteria for the judgment by agreement?
• What is the role of the judge and of the prosecutor in this special judgment?
• What are the benefits of this judgment?
• How to add case laws on the judgment by agreement?
• What are the attitudes of the first instance courts in discussable cases of the abbreviated judgment and how has reacted the High Court in relation to them? The necessity for the unification of the different aspects of the abbreviated judgment.