Criminal Irresponsibility Due to Mental State and Imposition of Medical Measures: Albania-Italy Comparative Analysis on the Optic of ECtHR Standards

Mediana Meta; Eliora Elezi; Ersi Bozheku; Madrid Kullolli

doi:10.56345/ijrdv13n247

Authors

Mediana Meta Prosecutor at prosecutor’s office at the Court of First Instance of General Jurisdiction Durres, Durres, Albania
Eliora Elezi Prosecutor at prosecutor’s office at the Court of First Instance of General Jurisdiction Durres, Durres, Albania
Ersi Bozheku Prof. Dr. Av., Criminal Defense Lawyer in Tirana and Rome; Associate Professor at “Università e Campus”, Italy
Madrid Kullolli Lawyer, Chamber of Advocacy Tirane, Tirane, Albania; Professor, “Aleksandër Moisiu” University Durres, Durres, Albania

DOI:

https://doi.org/10.56345/ijrdv13n247

Keywords:

criminal irresponsibility, mental state, medical measures, psychiatric expertise, ECtHR, criminal responsibility, comparative criminal law ect.

Abstract

This paper treats the institute of criminal irresponsibility due to the mental state and the imposition of medical measures in the Albanian and Italian legal systems, in the light of the jurisprudence of the European Court of Human Rights. The analysis focuses on the legal and medical criteria of irresponsibility, the role of psychiatric expertise, as well as procedural issues related to judicial competence for the imposition and revocation of medical measures. A comparative method identifies the similarities and differences between Albanian and Italian legislation, as well as the impact of ECtHR standards on the interpretation of these institutions. The paper concludes that the Albanian legislation needs normative clarification and improvement of procedural mechanisms regarding the criminal treatment of persons with mental disorders.

Received: 20 February 2026 │ Accepted: 10 June 2026 │ Published: 23 July 2026