Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-2 | Issue-11 | 1107-1110
Review Article
Power and Knowledge of Decisions Foreign Judicial Penalties
Adrian LEKA
Published : Nov. 30, 2017
Abstract
One of the most worrying issues around the world has been and remains
the growth of criminality. Faced with the principle of territorial sovereignty, states
were unable to prosecute persons who were already in the jurisdiction of another
state. The only option was the application of the principle of territoriality which
allowed States to apply their criminal legislation for offenses committed within that
territory irrespective of the nationality of the author. Faced with such a situation,
the states were more than aware that there was a need for international co-operation
to put the perpetrators accountable. The interest to cooperate in this area emerged
early after World War I and this cooperation became concrete after World War II.
Initially as a co-operation to condemn war crimes and then other crimes.
International criminal policies for combating and preventing criminality of criminal
offenses have been numerous, but due to the increase of cross-border criminality,
the practical implementation of these policies has become difficult. To avoid this,
the states began to cooperate with each other through bilateral agreements in the
criminal field. International co-operation dates back to mid-century. XVIII with the
First Mutual Assistance Treaty between Italy and Monaco, which was later
followed by other bilateral and tripartite treaties, mainly in the area of extradition.
In addition to the extradition there was another disturbing problem, the punishment
twice for the same offense as the perpetrator was punished by the state where he
committed the basic crime of the principle of territoriality and by the state whose
nationality he was based on the principle of active personality. Here was the cooperation for the recognition of foreign court decisions. The lines of cooperation in
the field of the power of foreign court decisions date later than the extradition, the
most important conventions that reflect this co-operation are: the European
Convention on the International Validity of Judgments of Criminal Matters of 1970
and the Convention on Transfer Of prisoners with deprivation of liberty. "1983. In
Albania, the beginnings of international cooperation in the criminal field are
evidenced around 1925 with the adoption of the First Criminal Code.