A GENERAL VIEW OF ALTERNATIVE SENTENCES IN ALBANIA

Abstract

Since 1995 when it entered into force, the Penal Code has changed constantly, but recent changes made by Law no.10023, date 27.11.2008 "On some amendments to Law No. 7895, dated 27.1.1995 " The Penal Code of the Republic of Albania " , as amended, along with other provisions were adjusted and changed provisions related to Chapter VII of this code entitled " Alternatives of Sentencing with Prison" and the law "On executing important penal decisions." Through the Penal Code of the Republic of Albania there is a special chapter on alternative given to the person who did the criminal act, also the human character of the sentence. Usually these alternative sentence of imprisonment are awarded by the Court which estimates that the author’s social dangerousness is small, and when the court considers that the implementation of such measures is achieved with the best of intentions of the sentence. Sentencing alternatives are not specific types of penalties available but are a way of their execution. In this case, the court first determines the amount of punishment against the offender, and if it sees that he meets the relevant conditions, it decided to implement one of the alternatives to punishment . In modern theory and practice, criminal conviction offense, has some features in order to fulfill the goals aimed. Firstly, any person who commits an offense will be punished for it, with a corresponding penalty law violation that he has done. For some, prison is inevitable, in order to ensure the protection of society and public safety. Penal punishment aims to achieve rehabilitation of the author of the offense, and to prevent him(her) from committing further criminal acts, as well as for other persons in society safety. The aim of punishment is to prevent the dangerous activity of the author, and to improve his/her education and positive educational impact to other people who may be contingent on committing offenses in the future. The damage caused from the author to the victim can " be repaired " and so the crime can be reduced by turning again the person in the community but in this case rehabilitated. The law changes give more space in the practical application of alternatives to imprisonment. It should be emphasized that these alternative punishment is only applied to the person if the court before the sentence given, which should definitely be imprisonment up to a certain extent.