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Considered from an historical point of view Prosecution in Albania has been involved in the judiciary or has worked attached to it. Over the years the image and physiognomy of the Prosecution have undergone changes in accordance with the circumstances and the political, social and economic conditions of the country.

1. After the proclamation of the independent Albanian state, on 28th November 1912, the interim government approved the decision "On the new organization of justice", on 10th May 1913. This is the starting decision of the organization stage of judiciary and prosecution in the Independent Albanian state. In accordance with this decision it was established the "Kanuni i Zhurisë", which judged criminal issues with representatives from the people.

2. Following the definitive decision of the Conference of Ambassadors in London and the consignment of the crown of Albania to Prince Vid (Prinz Wilhelm zu Wied) on 10th April 1914 the “the Organic Statute of Albania” was proclaimed in Vlore. The chapter X, "Justice" provides that: the prosecutor and his deputy carry out their public activity within the whole jurisdiction of the court, organized in: - council of the elderly, - judges of peace, - first instance courts and – courts of appeal. Furthermore, prosecutors took care of the implementation of the court decisions and oversaw the activity of the judiciary police.

3. In the Broadened Status of Lushnje, dated 14. 12. 1922, which might be considered to represent the first constitution of the Albanian state, Part D "Judiciary Power", also includes the prosecution and guarantees independence of courts and prosecutors in the exercise of their powers. Articles 84, 85 and on provide that: "All judges and prosecutors are nominated upon decree of the High Council, in accordance with the selection performed by a special commission. They were assured their immovability from their office."

4. Points 15 and 16 of the program, of the Democratic Government headed by Fan Noli, that was proclaimed on 19th June, 1924, pointed out the reformation of justice. The draft law "On qualities of judges and their nomination", dated 13th August, 1924, defines nomination criteria of judges, assistant-judges and prosecutors. Along with the requirements such as having Albanian citizenship, fluently speaking the mother tongue, enjoying moral and political rights and being bound to having finished the law faculty, it is worth mentioning the condition according to which the persons in questions should at least have three years of practice in justice and master a foreign European language. This reform aimed at cleaning justice from incapable elements. There have been taken measures against negative phenomena in this period i.e.: court proceeding procrastination; frequent transfer of judges; open partiality of courts; people’s anger and losing trust to judiciary. Ensuring real independence to courts and the respect of lawfulness were considered by Noli’s government as two fundamental conditions to guarantee the rule of law. Courts were instructed to carry out fast proceedings, based on law, irrefutable evidence and self-conviction of the judge, while the gendarmerie commands were tasked to quickly execute judiciary decisions.

5. The “Fundamental Statute of the Republic of Albania” of March 3, 1925, part D "Judiciary Power", includes the prosecution and guarantees independence of courts and prosecutors in the exercise of their functions. Articles 102, 103 and on, provide that: "All judges and prosecutors be nominated upon decree of the Head of Republic, according to the selection performed by a special commission. They are assured their immovability from their area."

6. Even the “Fundamental Statute of the Kingdom of Albania”, dated December 1st, 1928, chapter III "Judiciary Power" ", includes the prosecution and guarantees independence of courts and prosecutors in the exercise of their functions. Articles 102, 103 and on, provide that: "all judges and prosecutors of the state, elected and proposed according to the law are nominated upon decree of the King. They are immovable according to the organic law."

7. After the end of the World War II and the establishment of the communist system, professed as a democratic-popular one, in Albania, Chairmanship of the Anti-Fascist Council of the National Liberating War issued on 14. 01. 1945 the law Nr. 41 "On the Organization and Functioning of the Military Courts". The law, along with the material criminal provisions, in the articles 7-12, 20 and on, provides the organization of the military courts and of military prosecutors at the Council of the High Military Court and at the Judiciary Council of the Corpus or Region of Corpus.

8. Constitution of 1946 treats prosecution in the chapter "Courts and Prosecution" defining it as an institution of the Popular Assembly. Independence of prosecutors in the exercise of their functions is sanctioned with its article 86 providing that: "all public prosecutors are independent from local institutions and under the dependencies of the General Prosecutor only".

9. The Constitution of 1976 handles "Prosecution" in a special chapter, after the Court and the Investigation body and does not define its relations with the judiciary or executive power. Article 106 of the Constitution of 1976 provides: "the control of the scrupulous and equal implementation of laws from courts, investigation bodies, enterprises and institutions" as the main function of the prosecution. The Constitution of 1976 removed to the prosecution the function of the criminal prosecution, which was assigned to the investigation body.

10. Deep legal and structural reforms which followed the overthrowing of the communist regime and the democratic turn in the 90-ies included the prosecution as well, giving it back the institutional portray and physiognomy in accordance with the rule of law as well as including prosecution in the judiciary. Laws Nr. 7561, dated 29. 04. 1992, "On main Constitutional Provisions" and Nr. 7574, dated 24. 06. 1992 "On the Organization of Justice" sanctioned that: "Prosecution is the authority exerting the criminal prosecution under investigation and at court.  Prosecution is organized and operates within the judiciary power as a unique and centralized body and exerts its activity through prosecutions appointed at any judiciary link. Exerting their powers prosecutors abide by the law, orders of the higher rank prosecutors and decisions of the respective authorities. Prosecutors have got immunity. "Furthermore it is pointed out that, prosecution does not depend and cannot be controlled by the Ministry of Justice, it is organized autonomously and the prosecutor enjoys the status of the judge”. Furthermore, nomination, transfer, discharge, disciplinary proceeding against prosecutors might be carried out only through the decision of the High Council of Justice, which member was the General Prosecutor as well.

11. Currently both the Constitution and Law Nr. 8737, dated 12. 02. 2001, "On the organization and functioning of the Prosecution" conceive prosecution as a body of a special kind, "sui generis", the only of its kind, and even if it is not included either in the judiciary or executive power it has got common characteristics of both of these powers.
Article 148 and 149 of the Constitution, without mentioning the power where the prosecution is included, define the object of activity, organization, functioning and basic rules of nomination and discharge of prosecutors determining that: "The prosecution exerts criminal prosecution, represents the accusation in court on behalf of the state as well as performs other tasks defined by law. Prosecutors are organized and operate nearby the judiciary system as a centralized body. In the exercise of their powers, prosecutors respect the Constitution and laws. Prosecutors are nominated and discharged by the President of Republic with the consent of the General Prosecutor".

As regards the current position of the Prosecution it is important to point out that the legal framework – among others the Constitution, Criminal Procedure Law and the law "On the Organization and Functioning of the Prosecution" – provides prosecutors with the necessary protection and independence in exerting their powers, as well as guarantee for the other powers not to interfere and influence in the exercise of their criminal prosecution powers.

 

Albanian proSECUTION

The prosecution exerts criminal prosecution and represents the accusation in court on behalf of the state. The aim of our work is to bring in front of justice as many criminals as possible.

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