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Prohibition of double punishment for the same offense, Constitutional Court: Need for clearer interpretation

2026-04-10 20:57:46Aktualitet SHKRUAR NGA REDAKSIA VOX
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The Constitutional Court and the National Chamber of Advocates held a conference, where one of the fundamental principles of criminal law was discussed: the prohibition of double trial or punishment for the same criminal offense.

Essentially, this principle guarantees that a person cannot be prosecuted or convicted more than once for the same matter, if there is a final judicial decision for him.

The President of the Constitutional Court, Fjona Papajorgji, emphasized that this principle is not only about how the law is implemented, but also about ensuring that no one faces justice twice for the same offense.

She noted that significant challenges arise especially when decisions and procedures of different jurisdictions, national and international, are intertwined.

"At a time when legal systems increasingly interact with each other, the challenges related to the interpretation and implementation of this principle become even more complex, especially in the context of the combination of national and international jurisdictions. In this context, the importance of this forum lies not only in the theoretical analysis of constitutional, European and international standards, but also in the concrete treatment of problems encountered in judicial practice, as well as in the identification of paths for a more unified approach to the implementation of the law", said Papajorgji.

Minister of Justice, Toni Gogu, stated that no one should be punished twice for the same criminal offense and that courts should interpret this rule in accordance with European standards.

This principle is also provided for in the Constitution of Albania, as a guarantee for the protection of individual rights in the criminal process.


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