The Constitutional Court after three years of absence this Tuesday will hold the first public hearing. This session is expected to review the constitutionality of a legal provision submitted by a large number of courts for interpretation to the Constitutional Court.
The hearing session will take place without the presence of the parties but only on the basis of documents. The request that will be examined today by the Constitutional Court requests the abrogation as incompatible with the Constitution of the Republic of Albania of the phrase “by the court of first instance that has given the decision in the deliberation room”, provided in point 1 of article 453 of the Code of Procedure Criminal, as well as the phrase “… of the same court”, provided in point 3 of article 453 of the Code of Criminal Procedure, amended by law no. 35/2017.
The appeal filed by the judges is against the unconstitutionality of Article 453 of the Criminal Procedure Code. From 2017, the amended criminal procedure code provides that appeals for trials in absentia are reviewed by the court that issued the decision in the deliberation room with a judge./abcnews.al
