📚 Volume 31, Issue 12 📋 ID: 68lOlbf

Authors

Sotir KLLAPI, Enerjeta SHEHAJ, Lirime CUKAJ

Victim, Directive 2004/80/EC, compensation, effective remedies, special compensation fund.

Abstract

The protection of the victim in a criminal activity is guaranteed first by international legislation
and further by national legislation, which is approaching international law. The European
Union countries, increasingly, have sought to have a unified law. While countries that want to
join the EU, as well as Albania, have a legal obligation to have their internal laws in line with
the EU acquis, as the latter is considered as the model to be followed in domestic law, it is the
right to be achieved and that should be.
The reforms undertaken in the Criminal Procedure Code, from 2016 onwards, have brought
about a significant improvement of the victim of the criminal offense, giving her a more active
role and recognition of many procedural rights.
Despite the significant improvement of the victim's position in criminal proceedings, there are
still legally and practically unresolved problems. One of the very important rights is the right
to compensation or reparation of the victim of the criminal offense, in all kinds of damages he
has suffered. Legal remedies to address the court are either civil lawsuits in the criminal
process or civil lawsuits in the civil process. Victims also manage to get positive decisions from Albanian courts, which cannot be executed effectively. The lack of such legal regulation in
Albania has left the victim without an effective compensation/reparation, as an obligation of
the state to realize these rights!!
This paper attempts to bring about the legal regulation regarding the compensation/reparation
of the victim in Albania, is it complete? What is the compensation of victims in practice? This
paper tries to be comparative, comparing with the legislation of EU member states such as
Italy.

📝 How to Cite

Sotir KLLAPI, Enerjeta SHEHAJ, Lirime CUKAJ (2024). "EFECTIVE COMMPENSATION FOR VICTIMS OF CRIMINAL OFFENCES ACCORDING TO ALBANIAN AND ITALIAN LEGISLATION". Wulfenia, 31(12).