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Rivista della Cooperazione Giuridica Internazionale

Ergastolo, minori di età, donne, delitto tentato e giudizio abbreviato nell’ordinamento albanese
DOI:  10.53136/97912218287338
Pages: 124-145
Publication date: August 2026
Publisher: Aracne
SSD:  IUS/13
This article examines the interpretation and application of Article 403(2) of the Albanian Code of Criminal Procedure, which excludes summary proceedings (giudizio abbreviato) for offenses punishable by life imprisonment. Through a systematic analysis of Albanian criminal and procedural legislation, comparative legal research, and constitutional jurisprudence, the study argues that the current judicial practice has interpreted this provision too broadly. Particular attention is devoted to cases involving juveniles, women, and attempted offenses, where life imprisonment is legally excluded under substantive criminal law. The article demonstrates that applying the procedural prohibition in such circumstances is inconsistent with the rationale of the legislation and may conflict with the constitutional principles of equality, proportionality, and the right to a fair trial, as well as with Article 14 of the European Convention on Human Rights. Drawing on Italian constitutional jurisprudence and comparative European criminal law, the study proposes a constitutionally compliant interpretation of Article 403(2), allowing access to summary proceedings whenever life imprisonment cannot legally be imposed. The article concludes by recommending both a uniform judicial interpretation by the Albanian Supreme Court and future legislative amendments to clarify the scope of the provision and ensure coherence between substantive criminal law and procedural guarantees.
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