Vol. 7, Issue 6 (2020)
Author(s): Dorina SAJA
Abstract: The summary judgment is provided for in Articles 403 to 406 of the Code of Criminal Procedure, as one of the alternative requirements for trial, unlike ordinary judgment. This judgment is otherwise called a special trial where it essentially entails the admission of floors collected during the preliminary investigation phase and avoids taking evidence at a hearing and the related debate. So, this judgment avoids the stage of judicial inquiry, in contrast to the ordinary trial and at this stage the stage of obtaining evidence and demanding its invalidity is missing. 1 A summary judgment is of value to the judicial economy because it simplifies and shortens procedures, increases the speed and effectiveness of adjudication and results in the defendant reducing his or her sentence by 1/3. 2 This kind of trial was first foreseen in Albania in 1995 differently from the direct trial provided earlier in Albanian criminal procedural legislation. The request for summary judgment is filed by the defendant or defense counsel represented by a special act, since according to Article 403 of the Code of Criminal Procedure we clearly interpret that this claim is closely related to the defendant. Therefore, according to the above doctrine 3, the defense counsel for the defendant to be entitled to file this claim must have been provided with an act of representation expressly affirming the claim for summary judgment.