Domestic violence in Albania

by, Av. Saimir VISHAJ & Mag. Dr. Besnik MAHO

Abstract

This paper will be presented a comparative picture of the norms of criminal substantive law intertwined in the Code of Criminal Procedure and the harmonization they carry with the Constitution of the Republic of Albania. Domestic violence is a disturbing element that we face daily as a society. The peculiarity of this criminal offense figure is the fact that both the perpetrators and the victims have an active role in terms of the realization of this criminal offense. Based on the most developed European countries’ legislation tradition regarding this criminal figure, in 2006 the law on domestic violence was adopted. Based on the judicial jurisprudence, the problems that have been identified in this area have gaps and leave room for many discussions. It is noted that the norms of the Criminal Code do not find an adequate approach to combat this phenomenon in all dimensions. Often there is an internal conflict between norms, where being or not being part of a family affects the coercive measure, losing the re-educational function which is expressed in the Constitution. An ongoing key role remains for the legislator, social operators, individuals, and not only, to take initiative and address the competent bodies to update this criminal figure provided by the Criminal Code. Also, an important role in preventing and reducing this phenomenon plays not only the legislator but also the social media as a whole with the force of development.

How to cite: Vishaj, S., & Maho, B. (2022). Domestic violence in Albania. Jus & Justicia, 16(2), 93–111.

https://doi.org/10.58944/iwpr5055