An Interpretative Analysis of Article 55 of the Albanian Criminal Code: Cumulative Sentencing of Juvenile Offenders and Current Challenges in Albanian Case Law

The institution of cumulative sentencing, as regulated by Article 55 of the Criminal Code, constitutes an important mechanism of criminal law that governs the determination of punishment in cases where a person has committed more than one criminal offence. The application of this institution to juveniles presents particular legal challenges due to the special nature of juvenile criminal responsibility and the principles governing the juvenile justice system, including the best interests of the child, proportionality, rehabilitation, and social reintegration. This paper analyses the Albanian legal framework governing cumulative sentencing for juveniles, with particular emphasis on the relationship between the provisions of the Criminal Code and those of the Juvenile Criminal Justice Code. Special attention is devoted to the issues arising in judicial practice concerning the maximum custodial sentence of 12 years established by Article 97 of the Juvenile Criminal Justice Code and the impact that the application of the rules on cumulative sentencing may have on this statutory limit. Through an analysis of national legislation, international standards, and relevant case law, the paper seeks to clarify the legal nature of the maximum sentence applicable to juveniles, to examine whether this limit may be exceeded in cases involving cumulative sentencing, and to assess the compatibility of such an interpretation with the fundamental principles of juvenile criminal justice. In conclusion, the study highlights the interpretative and practical challenges arising from the application of this institution and emphasizes the need for a consistent and unified approach that ensures the effective protection of the rights of juveniles in conflict with the law.