"... Human dignity, rights and freedoms, are the basis of this state, which has the duty to respect and to protect them"1 Rights and fundamental freedoms are rights that arise with every human and have a universal character. Their protection and promotion is the primary obligation of every state and government. These rights and guarantees are not only known for Albanian citizens, but equally to foreigners and persons without citizenship. The whole Albanian legal system is based on principles and constitutional arrangements. This means that the principles of human rights and fundamental freedoms are an integral part of all legislation in general and of each subsidiary law in particular. Limitations of constitutional rights and freedoms may only be imposed by law in the public interest or for the protection of the rights of others. The limitations may never infringe the essence of freedoms and human rights. Since the adoption of the Criminal Code in 1995, judges in Albania have had available a range of sanctions as alternatives to imprisonment, which they could give in the sentence phase. In practice, alternatives to imprisonment are rarely used and the trend has been mainly to imprisonment. Evidence shows that prisons not only rehabilitate, but they also tend to criminalize individuals resulting in repeated offenses. Moreover, the increased population in Albanian prisons over the last decade is a matter of great concern. Prison overcrowding is a phenomenon that is determined by demographic, economic, social and political factors. This is an issue that causes a lot of administrative problems and often affects the behaviour, health and morale of the prisoners. In Albania is used the amnesty and pardon as measures to reduce overcrowding. Amnesties are effective measures to combat overcrowding and are used in many countries. In Albania it is necessary to develop effective care after release from prison. At the same time it is needed a long criminal policy to avoid the use of amnesties as short-term measures to reduce the prison population in Albania. To address the problem of overcrowding in prisons there is a solution that is in accordance with the recommendations outlined in international instruments and aims to change the practice of sentencing by increasing the number of alternatives to imprisonment. The purpose of introducing alternatives to imprisonment is not only addressing the problem of overcrowding in prisons or finding an efficient system of punishment, but the use of alternatives reflects a fundamental change in the approach of the crime, the offenders and their place in the society by changing the focus of punishment, from isolation to restorative justice and reintegration. [ABSTRACT FROM AUTHOR]