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March 16, 20260 citationsOpen Access

Confrontation and Identification as Procedural Means in Relation to the Victim and the Defendant Historical and Legal Treatment under the Criminal Procedure Codes of Kosovo and Albania

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PQProf. As. Arjan Qafa*OGOltjona Goxha

Key Points

  • The aim is to analyze confrontation and identification as procedural means in criminal law in Albania and Kosovo.
  • Evaluated Criminal Procedure Codes of Albania and Kosovo
  • Analyzed European human rights standards
  • Focused on the balance between discovering truth and protecting rights
  • Identified key legal functions and limits of confrontation and identification
  • Highlighted the tension between victim dignity and defendant rights
  • Recommended improvements in the procedural framework to enhance fairness

Abstract

Abstract: Confrontation and identification constitute two of the most delicate procedural means of evidence in the criminal process, due to the direct impact they have on the personal statements of the victim and the defendant. This paper aims to analyze the legal meaning, function, and limits of these institutes, relying on the Criminal Procedure Code of the Republic of Albania and the Criminal Procedure Code of the Republic of Kosovo, as well as on European standards for the protection of human rights. Particular focus is placed on balancing the principle of discovering the material truth with the protection of the dignity and psychological integrity of the victim, without infringing upon the fundamental rights of the defendant.

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Cite This Study

Qafa* et al. (2025) studied this question.

synapsesocial.com/papers/69b79ea18166e15b153ac4aahttps://doi.org/10.5281/zenodo.19024239
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