THE AGREEMENT ON THE CONDITIONS OF ADMISSION OF GUILT AND SENTENCING: A THEORETICAL AND PRACTICAL PERSPECTIVE

Abstract

The institution of the agreement on the conditions of admission of guilt and determination of punishment is a relatively new mechanism, introduced for the first time in the Albanian Criminal Procedure Code in 2017 as part of the essential changes brought by justice reform. This procedural institute is regulated in articles 406/d–406/f of the Code, which set out in detail the procedural rules that must be observed. The process begins with the agreement reached between the prosecutor and the defendant and continues until the court hearing of the prosecutor’s request for approval. The analysis of these provisions from a theoretical perspective provides insight into the real value of these procedural innovations. Equally important is the examination of judicial practice, which highlights how this institute has been implemented in practice. This study aims to be comprehensive and professional, presenting findings, reflections, recommendations, suggestions, and possible solutions to identified problems, all supported by logical and legal arguments