Historical trends in Juvenile Justice: A comprehensive review of criminal legislation in Albania and its impact on the children in conflict with the law

Abstract

Criminal justice is a fundamental component of any society that deals with the rules for investigation, prosecution and adjudicating a criminal case. It plays an essential role in maintaining public order, providing justice and ensuring safety of the members of the society. As an integral part of the broader criminal justice system, juvenile justice is dedicated to criminal cases involving minors (typically individuals under the age of 18) who have been accused of committing criminal offenses. Juvenile justice recognizes a special status of juveniles and seeks to address their needs in a manner that is distinct from the treatment of adult offenders. The scope of this paper is focused on the historical review of the juvenile criminal legislation in Albania and its impact on children in conflict with the law. Through a historical and critical analysis of the criminal legislation, this paper aims to provide a legal overview on the evolving approaches taken to address the needs of children in conflict with the law and promote their reintegration into society. It highlights the significant legislative milestone, such as the establishment of the Criminal Justice for Children Code in 2017, but even the early legislative approaches taken for children in conflict with the law in the Criminal Codes of 1928, 1952, 19977 and 1995. This paper provides valuable insights into the historical trends in juvenile justice legislation by explaining the significant transformation of law in Albania, as well as the needs to maintain a balance between the rehabilitation and reintegration of juvenile offenders on one hand and the insurance of public safety on the other hand.