American Journal of Science Education Research | Research Article 
Repeat of The Judicial Review in The Court of Appeals Comparative Aspects Between Albanian, Italian Legislation and The Jurisprudence of The European Court of Human Rights
*Correspondence: Dr. Klodian Kurushi*
DOI: 10.71010/2835-6764/ajser-e347
Published: November 02, 2026
Abstract
The retrial is a procedural mechanism in criminal proceedings that pertains to the examination of a criminal case before the Court of Appeal. The application of this procedural mechanism in practice has generated considerable debate, particularly in cases where a judgment of acquittal is reversed on the basis of declaratory evidence. In order to address this debate, as well as to assess the need for any amendment to Article 427 of the Code of Criminal Procedure, this paper first examines the concept of retrial, followed by an analysis of the evolution of the relevant legal provision, the interpretation given to retrial by the Supreme Court, and certain comparative aspects of Albanian and Italian legislation, as well as the jurisprudence of the Italian Court of Cassation and the European Court of Human Rights (ECHR). The paper concludes by summarizing its main findings and presenting recommendations concerning the possible amendment of the provision governing retrial.
Field: Criminal procedure law
Keywords: retrial on appeal under Albanian legislation, retrial under Italian legislation, retrial under the lens of the ECHR jurisprudence, due process.
References
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