Published December 31, 2017 | Version v1
Journal article Open

The Imprisonment Punishment as the Last Means Against the Minor Convicts in Compliance with the Exemption from Judicial Procedures

Creators

  • 1. Head of Appeal Prosecutor's Office of Tirana-Albania. General Prosecutor Office.

Description

The justice system in our country, as in many other countries, is trying to change and reform, moving from a punitive approach to a system that values restorative justice embraces the principles of rehabilitation and reintegration into society and the implementation of alternative measures against imprisonment, seeing the limitation of juvenile delinquency only as a last resort. Progress in this direction was also marked by the adoption of the Juvenile Justice Code. This Code considers detention of juveniles only as a last resort and sanctions alternative measures for children in conflict with the law. The Code brings the juvenile justice system in compliance with the Constitution, the United Nations Convention on the Rights of the Child and international standards, and other international norms aimed at protecting the juvenile and the effective protection of the highest interests of the juvenile. One of the international standards of juvenile justice is the use of imprisonment as a last resort and reintegration as a goal of the justice system. Justice should be gentle with children and be on their side. Freedom of liberty as a last resort and for a short period of time is clearly expressed and dealt with in international acts, which I have previously dealt with in some other scientific works. What is important and what I would like to present in this article in terms of applying the "punishment of imprisonment" measure is to know about the implementation of legal provisions in favor of juvenile justice and the relevant gaps. This is done by focusing primarily on national legislation.

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