In view of supporting the implementation of the new legislation on judicial reform, especially the Criminal Procedure Code amendments, PAMECA V, in close cooperation with EURALIUS V and HJC – AICS Project, organised a training on judgement upon agreement.
The training workshop was attended by 20 judges and prosecutors of Anti-Corruption and Organised Crime Court and Special Prosecution Office who widely discussed problems of implementing judgement upon agreement in court practice. Content of the Agreement, rules and criteria to conclude it, invalidity, approval and rejection of the Agreement, and the role of the victim in this special judgement were some of the aspects introduced by the Albanian speakers.
Italian judge Filippo Aragona made an introduction of the Italian system on judgement upon agreement, presenting the advantages and disadvantages of this special judgment. Fundamental rights of the defendant during judgement upon agreement were also presented by the Italian Judge as crucial to this type of judgment. A comparison between the Italian and Albanian system of judgement upon agreement served to highlight the differences and similarities, above all to emphasise the importance of the right to a fair trial versus the judgement upon agreement. The extensive powers of the prosecutors in the criminal justice system must be counter-balanced by an active role of the court, remarkably in this type of special judgement.
Croatian Judge Koraljka Bumči presented an overview of the legislative framework on judgement upon agreement, mainly differences and similarities of various EU and non-EU countries, focusing more on the Croatian system and its peculiarities. Judgement upon agreement in the light of the case law of the European Convention on Human Rights (art.6), particularly the principle of legality and the position of the victim were largely introduced by the Croatian Judge.
The Workshop served not only to exchange views and practical experience on the implementation of judgment upon agreement, but it also served to point out some issues that Albanian judges and prosecutors encounter in their daily work.