FLASH NEWS
"The new Penal Code favors corrupt officials"/ Lawyers attack the draft: Interventions in the Code are incomplete
2025-08-05 21:11:06 / POLITIKË
Officials who abuse state funds or favor uncompetitive tenders can be thrown out without a trace under the new Criminal Code. Not only is the punishment proposed to be reduced by 3 years compared to the current code for those public officials who commit acts or omissions in violation of the law, but the restructuring of sentences adds to the uncertainty of the trial where criminal intent must be proven for the article on abuse of office or the purpose of profit in the provision on violation of equality in tenders.
Lawyers criticize that these proposed changes risk producing a climate of impunity in the public sector at a time when the fight against corruption is said to be a priority.
" Abuse of office is a blanket provision that in the current wording of Article 248 is a big bag, we lawyers call it that you can interpret many violations of an official and it provides for a higher measure of up to 7 years of imprisonment for those who have acted or have not acted in violation of the law. This article, in my opinion, would need clarifications but not for a narrative that makes it even more unclear. The very fact of providing a lower sentence in the new draft determines a relief in itself for the persons brought to justice, " says lawyer Altin Kaziaj.
" The criminal offense of abuse of office needs a reconfiguration because today it has practically been transformed into an article that punishes any kind of action or inaction of officials, but the play on words they have made in the text does not solve the situation. For example, it says 'criminal intent', when this is an essential part of the analysis of the existence or not of the criminal offense. The intervention is incorrect, incomplete, for me it will bring deterioration and increase the subjectivity of law enforcement in these matters" - says Jaordan Daci.
The current proceedings for tender abuses should not all be classified as criminal offenses, according to constitutionalist Jordan Daci. In his assessment, reform is necessary, where the solution does not necessarily lie in handcuffs.
" There are many violations that are not treated as criminal offenses and there are many others that are not and are treated as such. This has caused an official today to be afraid to make decisions because due to a massive subjectivism that prevails and a desire that society has to see all officials in prison, practically every violation turns into a criminal offense and is punished. We need a criminal code that, by making prison the last alternative, makes Albania rich from their mistakes, to be repaid. For me, this would be the most effective way. Because anyone who commits a criminal offense makes a large amount of money and gladly does a certain period of prison. But if this were to translate into a loss of that amount, they would surely think many times before doing it" - adds Daci.
For lawyer Altin Kaziaj, responsibilities are being removed where they should be determined objectively and repressive measures are being added to freedom of speech or at the expense of professionals...
"The draft in its entirety is scandalous, poorly written and could have been taken from totalitarian countries such as Turkey or Russia, because there is no way that a drafter of the Criminal Code could impose responsibility even where there is none," Kaziaj adds.
Experts predict a dark future if the criminal code changes based on this draft, which they describe as a nightmare and a regression in justice.
" The mistakes and concepts introduced in the code are bordering on stupidity, here you will increase mistrust in institutions or increase coercive measures against the individual. These contradict basic principles, those who will implement this code will have to go back to school and change the books, " concludes Daci.
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