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New PENAL CODE/ Arben Rakipi: Conditional release is proposed for those sentenced to life imprisonment!

2025-07-25 11:10:34Aktualitet SHKRUAR NGA REDAKSIA VOX
New PENAL CODE/ Arben Rakipi: Conditional release is proposed for those
Arben Rakipi

The draft of the new criminal code was presented today, which is expected to be submitted for public discussion in the coming days.

The head of the Working Group for the drafting of the new Criminal Code,  Arben Rakipi , explained some of the innovations.

During his speech at the presentation, Professor Arben Rakipi said that a clause of this draft is the early release on parole for those sentenced to life imprisonment.

This is because, according to the professor, people change during their time in prison, adding that this also applies to other Western countries.

Arben Rakipi: The main innovations of our Criminal Code. Among the first, I have listed the description of the concepts, the main institutes. Apart from the fact that this is a new one, the previous codes do not have, I mean the importance. First, the concepts are important for the way they are applied by solving a concrete issue. In the impossibility of this conceptual regulation, it leaves room for various misunderstandings. Until now, the courts have been the ones who have described the content of the concepts and we have thought that the concepts are necessary to be recorded in the law due to their binding effect. The effects related to the comments or positions of certain professionals are not binding. It was appropriate, in parallel with how many court decisions have recorded as the basis of their meaning, we have increased the range of interpretation of those concepts so that judicial practice is based on a unified document. I am hopeful that those concepts will not leave room for misinterpretation. The judicial system will have an element of more independence in relation to them. It applies to any type of new thing related to this code, such as some commenting elements in the provisions. Provisions, especially those related to concepts that have had judicial misinterpretations. The court often holds different positions because they are related to elements of fact but also of knowledge and skills, which have caused elements of knowledge to take on different burdens. Another issue that I wanted to present as an element with new things is the sentence as a whole. The sentence as a whole in Albania is regulated by two provisions that are insufficient, describing the procedure that the court goes through to give a decision, but are insufficient to give importance to the procedure and the elements the court bases its decision on. We have made the path that the court goes through practical, we have transformed it into a legal obligation. More burden on the prosecutors and the court, but it is a guarantee to reach a fair sentence. We have given specific weight to all the elements related to the criteria on which the decision is based, a weight which, in general terms, is supposed to lead to a fair decision. Another element related to the sentence is the type of sentence and the reasonable addition and a wider range than today of additional sentences. Starting from a type of decriminalization or reduction of the punishment measure, indicated in the criminal law, we have given weight to the application of additional sentences or some types of sentences that are assessed by this type of process as sufficient to achieve an education or prevention. Especially for offenses that create unjust wealth, it has been recommended that except for cases where confiscations are mandatory, this preventive measure should prevail in all other cases when it is not mandatory because we believe that the effect of a criminal process should be complete. A criminal sentence of imprisonment or another non-pecuniary punishment is insufficient if the recovery from the offense is not complete, as is the case with confiscation.Another issue related to the sentence is its punishment. We have reconfirmed that one of the purposes of punishment is re-education. It must be accompanied by a conceptual adjustment that starts from this code and ends with the way in which the punishment is carried out. We have conceived as important the ascertainment during the re-education of this element. Second, the presence of the victim. We have thought that the presence of the victim in this process, such as the reduction of the sentence, early release on parole and other elements that are mitigating, the role of the victim is decisive. The court is obliged to take into account the pain of the victim.


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