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New Criminal Code / Prison for journalists who reveal secrets, punishment also for "intimidating" comments towards judges

2025-07-27 18:22:30Aktualitet SHKRUAR NGA REDAKSIA VOX

New Criminal Code / Prison for journalists who reveal secrets, punishment also

The new parliament, which will start its work in September, will start reviewing the new draft of the criminal code, which was presented a few days ago by the highest heads of Justice in the country.

This draft is expected to be accompanied by strong debates due to the content of some of its articles.

Specifically, Article 516 of the draft provides for the punishment for those who disclose secret data, including journalists.

Point 1 of this article states that "Disclosure of secret or confidential data, which are related to the identity, process of cooperation, protection or the location of witnesses and associates of justice, who benefit from special protection according to the laws in force, is punishable by imprisonment from two to six years".

Meanwhile, point 3 refers to the publication of confidential data. "The publication in any form of the acts mentioned in the first paragraph of this article, increases the punishment up to a third of it. If this offense is committed by legal persons, it is punishable by a fine or one of the penalties according to Article 123 of this Code".

Another debatable article is Article 536 which concerns the impact on the independence of the judiciary. Comments aimed at influencing the court during decision-making are expected to be punishable by imprisonment of up to 3 years, according to the new criminal code.

Article 516

Disclosure of the associate of justice

Disclosure of secret or confidential data, related to the identity, process of cooperation, protection or the location of witnesses and associates of justice, who benefit from special protection according to the laws in force, is punishable by imprisonment from two to six years.
The discovery that has resulted in death, serious injury or has seriously endangered the life or health of witnesses or associates of justice, their family members or police officers, charged with their protection, is punished according to the special criminal provision based on the type of consequence and competes with paragraph one of this article.
The publication in any form of the acts referred to in the first paragraph of this article, increases the sentence up to one third of it. If this offense is committed by legal persons, it is punishable by a fine or one of the penalties according to Article 123 of this Code.
Article 536

Impact on the independence of the court

Making or publishing comments that are openly intended to influence the court's ability to make decisions, through the creation of circumstances oppressive to its independence, the deliberate distortion of the quality of evidence or its presentation contrary to the actual content, the imposition to create public distrust of the court's ability to be independent; committed for any interest or benefit, to harm or favor special persons, committed before the issuance of a court decision, is punishable by a fine or imprisonment of up to three years.


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