COMPLAINT AS A LEGAL REMEDY, THEORETICAL AND PRACTICAL ASPECTS
Albana UKSHINI
Abstract
In criminal procedure, a "remedy" refers to a legal solution or course of action that is available to individuals who believe their rights have been violated during the criminal justice process. Remedies are designed to protect the rights of defendants and ensure that the criminal justice system operates fairly and in accordance with the law. Of course, the complaint as a regular legal remedy can be exercised within the specified legal deadlines and in the previous legal procedure.
It's important to note that not all legal remedies follow these exact stages, and the specific procedures can vary based on the legal system and the type of case. Additionally, some legal issues may be resolved through administrative processes or through negotiation without ever entering the formal legal system.
The judgments issued by the court, with which the party is dissatisfied and which have not yet taken the final form, are struck with legal means. The legal remedies are regulated by the provisions of the Code of Criminal Procedure and serve to exercise the legal remedy in case of dissatisfaction with the court's decision, therefore we can rightly conclude that the legal remedies are a kind of guarantee for the respect of the rights of the parties in the procedure.
The purpose of this paper is to find, through research methods, how these legal remedies are regulated, the changes that have occurred in criminal legislation, their application in practice, where through comparative, statistical, normative and other methods, it will be more easy for us to reach correct conclusions. With the conviction that this work will bring innovation and be a summary for all those readers who intend to study this field in the future.
Pages:
57 - 64