Power and Knowledge of Decisions Foreign Judicial Penalties

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Power and Knowledge of Decisions Foreign Judicial Penalties

Journal Title: Saudi Journal of Humanities and Social Sciences - Year 2017, Vol 2, Issue 11

Abstract

Abstract: One of the most worrying issues around the world has been and remains the growth of criminality. Faced with the principle of territorial sovereignty, states were unable to prosecute persons who were already in the jurisdiction of another state. The only option was the application of the principle of territoriality which allowed States to apply their criminal legislation for offenses committed within that territory irrespective of the nationality of the author. Faced with such a situation, the states were more than aware that there was a need for international co-operation to put the perpetrators accountable. The interest to cooperate in this area emerged early after World War I and this cooperation became concrete after World War II. Initially as a co-operation to condemn war crimes and then other crimes. International criminal policies for combating and preventing criminality of criminal offenses have been numerous, but due to the increase of cross-border criminality, the practical implementation of these policies has become difficult. To avoid this, the states began to cooperate with each other through bilateral agreements in the criminal field. International co-operation dates back to mid-century. XVIII with the First Mutual Assistance Treaty between Italy and Monaco, which was later followed by other bilateral and tripartite treaties, mainly in the area of extradition. In addition to the extradition there was another disturbing problem, the punishment twice for the same offense as the perpetrator was punished by the state where he committed the basic crime of the principle of territoriality and by the state whose nationality he was based on the principle of active personality. Here was the co-operation for the recognition of foreign court decisions. The lines of cooperation in the field of the power of foreign court decisions date later than the extradition, the most important conventions that reflect this co-operation are: the European Convention on the International Validity of Judgments of Criminal Matters of 1970 and the Convention on Transfer Of prisoners with deprivation of liberty. "1983. In Albania, the beginnings of international cooperation in the criminal field are evidenced around 1925 with the adoption of the First Criminal Code. Keywords: Power and decisions of judicial,judicial penalties, criminal code

Authors and Affiliations

Dr. Adrian LEKA

Keywords

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EP ID EP396243
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