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Trial for 'Partizan', former prosecutor: 90% of hearings fail due to lack of notification

Politiko 2025-06-30 21:56:34

Trial for 'Partizan', former prosecutor: 90% of hearings fail due to

Lawyer and former prosecutor Eugent Beci commented on the court process against Democratic Leader Sali Berisha today regarding the privatization of the former "Partizani" sports complex.

Although the first trial session against the former prime minister did not take place today, despite the conclusion of the preliminary session on May 19, the case has officially moved on to the main trial.

Invited to the show "The Unexposed", Beci explained that the failure to hold the hearing is a consequence of a well-known procedural problem in the Albanian judicial system: the lack of regular notification to the defendant.

According to him, the claim that a hearing "is universally known" does not constitute valid legal notice and this may lead to invalidity and consequences for the continuation of the process. 

" As of today, after the conclusion of the preliminary hearing on May 19, the main trial has officially begun. This development was announced earlier, during the conversations we had in your studio. The fact that the case has been transferred to a regular trial shows that it is now the court that is following and administering the procedure, not the prosecution. 

For this reason, in accordance with the rules of procedure for a fair legal process, the manner of notification assumes essential importance. The claim that "it is a universally known fact" is not enough. Legally, notification is a formal act that must be sent by the court clerk, and the recipient must be personally acquainted with it. Any deficiency in this process may render the notification invalid. 

In many cases in the Republic of Albania, court decisions have been overturned precisely because the defendant did not receive personal notice of the hearing. This situation constitutes a violation of the right to a fair trial. If a person is notified of the trial, but has not received the relevant document, has not signed or returned the confirmation within the specified time, the court may consider the notification to be irregular. 

Although this may seem absurd, it is a procedure that must be followed meticulously, especially in important trials, as the defense will use any irregularity to argue the violation of procedural rights, including in the Strasbourg Court. 

"Today's hearing was ordinary, and it is consistent with the practice often followed in Albania: in about 90% of cases, the first hearing does not take place successfully due to problems with notification, which the court considers irregular, " said Beci.

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