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New Penal Code: Prison for those who have sex outside Albania
2026-01-30 20:05:51 / AKTUALITET
One of the most controversial innovations in the draft of the new Penal Code, which is expected to be considered in the Assembly, is related to the criminal punishment of sexual offenses committed while traveling outside Albania. The provision aims to combat sex tourism and organized forms of exploitation, but has raised questions about its interpretation and implementation.
Article 108/b of the draft provides for criminal punishment for organizing trips for the purpose of committing sexual crimes, regardless of whether these acts are prohibited or not in the country where the trip takes place. According to the wording, criminal liability extends not only to those who benefit financially, but also to cases where the trip is organized without compensation.
The law primarily aims to crack down on practices such as the sexual exploitation of minors, involving them as witnesses to abuse, and organizing trips for the purpose of prostitution or illicit intimate relationships. In these cases, the penalty provided is imprisonment from two to six years.
The wording of the article stipulates that the person organizing the trip bears criminal liability if a sexual offense provided for in the Albanian Criminal Code is committed during it. This means that the punishment is applied the moment the citizen returns to Albania, even if the act occurred outside the country's territory.
The draft goes even further by providing for serious consequences for legal entities. In the event that a company, business or other legal entity is involved in organizing travel for sexual purposes, in addition to the criminal liability of individuals, the court may also decide on the final closure of the entity.
However, the proposed text does not provide detailed clarification on how these criminal offenses will be proven, especially when they are committed abroad. This has raised dilemmas among jurists about the standard of proof and the limits of the practical application of this article.
The draft of the new Criminal Code is in the discussion phase and it remains to be seen whether this article will undergo changes, clarifications or restrictions before final approval in the Assembly.
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