Prosecutor Training Centers Conference

Prof. Dr. Mariana SEMINI

Jakarta, IndonesiaMarch 16-18, 2011

Albanian Magistrates School

•

•Capital - Tirana,• Population:

3.5 mln• Area:

28 748 sq km

• Borderline: Italy, Greece, Macedonia,

Montenegro,Kosova;

Nato member Since 2009;

Applied for EU Candidates Status 2009

Magistrates School of the Republic of Albania:• was founded in 1997 by law;

• is located in Tirana, the capital of Albania;• is a public, budgetary and indipendent institution;• Its approximate budget is 400.000 Euro annually.

• The highest decisionmaking body is the Leading Council,composed by 16 members, (2/3 of them are ex officio),

for e.x, opresident of Supreme Court, General Prosecutor, Deputy Chairmen of the HCJ, President of ABA, etc.

•

Position and organization of the MS

The Management Council leads and controls all the academic, administrative and financial activity of the MS

regarding the performance of all goals and duties charged by the law. It gives the approval for Initial Training Program and Curriculum, lists of experts, methodology, criteries of

selection of new prosecutors, etc. It approves the Program of Continuous Training, evaluates the needs assessment to all

Judges and prosecutors, selection of topics that satisfy their needs, etc.

The Management Council of the MS

Magistrates School (MS) of the Republic of Albania realizes:

(1) Initial Training Program for new judges and prosecutors;(2) Continuous Training Program of judges and

prosecutors in duty;(3) Continuous Training of other legal professions;

(4) Publications, researches and studies.

Objectives and duties of the MS

SM strategy in training of new judges and prosecutors is oriented towards practice. All the courses taught in school present together

the theory and practice, but with more practical case studies. The Second year of ITP is organized as

an observatory practice in the court and prosecution office andthe Third year is active practice through a preliminary nomination.

This is reflected also in the school professors, who are also professional experienced judges and prosecutors. Based on the law of our School, the overall curriculum of the School is approved by the Management Council

on the proposal of the Director. The Council determines the teaching plan, regulates the relations between

subjects for joint and separate preparation of the candidates according to the careers of judge and prosecutor.

Initial Training Objectives and Curricula

The ITP of candidates includes a 3 year period consisting of:a) one year, a theoretical/practical program with 19 courses;

b) Second year passive practice, under the care of a pedagogue of the School and under the direction of a judge or prosecutor;

During the this year, the candidate should attend for two days of the week the courses, discussion sessions and

mock trials school and three days of the week for practical work in the courts and prosecutors’ offices or in other

justice institutions; Second year has 16 courses c) one year of active practice, (period of professional

internship).

Initial Training Program

Initial Training Program lasts 3 years: • 218 magistrates graduated;• 93 prosecutors graduated;

Not all prosecutors

appointment goes through the SM.

10% - upon the proposal

of the Gen. Pros. and the President

of the Republic .

The Main Objective CTP in the SM is to:• Increase the professionalism of judges and prosecutors, in order to increase the access to justice, the independence and impartiality of the justice system; • further advancement of prosecutors and • improvement of their professional capacities, towards:• professional ethics, EU law, legal reasoning and writing,• domestic and international law, in order to raise their capacities and perform better their professional duties and obligations

Continuous Training Program

The maximum number of the activities per year is 70-90;The maximum capacity of our training school

is 3 training seminars per week.The number of judges in district and appeal court Level is 350 and the number of prosecutors is 314.

Kind of activities:• Joint seminars for judges of criminal sections and

•prosecutors;• Specialized activities for prosecutors and judiciary police.

Continuous Training of Prosecutors in duty

193

268 486

265

0 100 200 300 400 500

2007-2008

2008-2009

2009-2010

2010-2011

Number of prosecutors trained in MS, 2007-2011

CT is mandatory for Judges and Prosecutors from 12-20 days per year, but

no more than 60 days during five years.

1741 33

0

10

20

30

40

50

2007-2008 2008-2009 2009-2010

Numbers of trainings for prosecutors (2007-2010)

Participation in the CTP is part of the Evaluation of credits of prosecutors

for career advancement.

Training topics for Prosecutors

1. Process of evaluation of evidence and proof in a criminal proceeding;

2. Practical issues dealt with the money laundering and seizure of the criminal assets;

3. Practical issues dealt with the investigative phase of the criminal proceeding;

4. Civil lawsuit brought in a criminal process. International experience;

5. Letters Rogatory and international cooperation in the criminal proceedings;

6. Corruption and financial crime;7. Legal framework on trafficking of narcotics, human

beings;8. Human rights protection and legal practice of ECHR.

EURALIUS,OPDAT,USAID,

CoE, OSCE, UNICEF, UNIFEM, TAIEX, IMF, etc.

Partners and Friends of MS

Training of the Judicial Police Officers

Training of the Judicial Police is done by:

(1)The Ministry of Internal Affairs, Department of Training;.(2)General Prosecutor Office;(3)Magistrates’ School of Albania.(4) Joint institutional activities provided by Memorandums of understanding.

Training topics of joint activities of JPO and prosecutors

1. Cybercrime offences. Fraud in insurance, subventions and credits. Computer fraud;

2. Training on “Guide on investigations of corruptions and financial crimes”;

3. Right for compensation and other fundamental rights of the victims of trafficking of human being in law and in practice;

Training of the Judicial Police Officers

Thank you for your time and attention!