文章基本信息

标题：Critical View of the Albanian Judicial Practice on Criminal Offences of Falsification of Documents and Fraud
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作者：Aleks Nikolli ; Aleks Nikolli
期刊名称：Procedia - Social and Behavioral Sciences
印刷版ISSN：1877-0428
出版年度：2014
卷号：149
页码：659-666
DOI：10.1016/j.sbspro.2014.08.250
语种：English
出版社：Elsevier
摘要：AbstractAlthough new criminal code of the Republic of Albania is 18 years old, again on the theory of criminal law and judicial jurisprudence has room for treatments and more in-depth analysis of the offenses established in the special part of it. One of them is the criminal offense of falsification of documents and fraud. The choice of their treatment in this paper, is done based on a very high judicial frequencies of the court in recent years and various positions that are held by three levels of judiciary and particularly by the Supreme Court in relation to specific aspects of them. In the absence of a unifying decision of High Court, the paper is aimed to stimulate constructive debate among legal scholars and practitioners of Albanian criminal law, relating to the issues discussed on it. Due to similarities with the criminal offense of falsification of documents, a considerable part of the paper deals with its differences with the criminal offense of fraud and the possibility of competition of these two criminal offenses together. By referring to the Albanian judicial jurisprudence and domestic and overseas criminal law doctrine, this paper attempts to identify the most reasonable solutions in relation to the controversial aspects of these offenses. In the theoretical treatment of the elements of these offenses, the author makes a linguistic, logical and systematic interpretation of the criminal provisions of the legislation that delineates these offenses, in order to respect the principle of legality of criminal law and the principle of prohibition of double jeopardy.
关键词：Falsification of documents;fraud;double jeopardy;Albanian criminal law;