"VICTIM" as a Criminal Procedural Subject and the Position of Victims under Albanian Criminal Legislation in Different Historical Periods: 1990 to the Present

Abstract: The legal position of the victim of a criminal offense constitutes a fundamental element in the development of contemporary criminal justice, reflecting the shift from a traditional model—primarily repressive and focused on the perpetrator—toward a more balanced system that recognizes the victim as a criminal procedural subject and guarantees their rights. This article provides a historical, normative, and comparative analysis of the concept of the victim and their position under Albanian criminal legislation across different historical periods. The study focuses on the evolution of the legal status of the victim in Albanian criminal procedure, analyzing their treatment under criminal legislation before 1990, during the transition period, and in contemporary developments following the adoption of the Criminal Procedure Code, with particular emphasis on legal changes in recent years, including the 2017 reform. In this context, the process of harmonizing Albanian legislation with European standards for the protection of crime victims is also addressed. The article relies on an analysis of domestic legislation, the case law of the Constitutional Court of the Republic of Albania, and the jurisprudence of the European Court of Human Rights, highlighting practical challenges in the effective implementation of victims’ rights and the need for further strengthening of mechanisms to protect them in criminal proceedings.