THE PROTECTION OF MINORS IN CRIMINAL PROCEEDINGS: THE CASE OF ALBANIA

Абстракт

The protection of minors in criminal proceedings has developed from a predominantly welfare-oriented concern into a distinct field of human-rights and procedural law. Contemporary child justice requires states not merely to shield children from the harmful effects of criminal proceedings, but to design procedures around their age, maturity, dignity, participation and prospects of rehabilitation. Albania represents an especially useful case study because its legal order has undergone a substantial transformation since 2017, most notably through Law No. 37/2017, the Code of Criminal Justice for Children. The Code introduced a specialised framework for children in conflict with the law and for child victims and witnesses, incorporating principles such as the best interests of the child, participation, proportionality, diversion, restorative justice, specialised professionals and detention as a measure of last resort. 
This article examines the Albanian framework against the United Nations Convention on the Rights of the Child, General Comment No. 24, the European Convention on Human Rights, relevant European Court of Human Rights jurisprudence, and the Council of Europe Guidelines on Child-Friendly Justice. It analyses the procedural safeguards applicable to children suspected or accused of crime, including legal assistance, information, participation, psychological assistance, individual assessment, privacy, questioning, arrest and detention, and the availability of diversion and restorative measures. It also considers the protection of children as victims and witnesses. 
The central argument is that Albania has constructed a comparatively sophisticated normative framework, but the decisive challenge has moved from legislation to implementation. Recent assessments continue to identify weaknesses in resources, specialised services, detention, inter-institutional coordination, data systems, legal aid and the consistent application of the best-interests principle. The article therefore concludes that Albania's next phase of reform should concentrate on implementation capacity, community-based alternatives, specialised legal and psychosocial services, effective monitoring, and a stronger culture of child participation.