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Manjani raises the alarm: The new Criminal Code targets private property

2025-08-06 13:59:24Aktualitet SHKRUAR NGA REDAKSIA VOX
Minister of Justice, Ulsi Manja and lawyer Ylli Manjani

Lawyer Ylli Manjani has criticized the draft of the New Criminal Code, which, according to him, risks turning every citizen owner into a subject of criminal suspicion, without evidence or a court decision.

In a reaction on social media, Manjani expresses concern about the way criminal justice is interfering in civil property relations, violating, according to him, constitutional guarantees and the principle of legal certainty.

" Criminal justice ensures that the loot of the thief, the fraudster, the robber is taken, not just any property. And it does this only after a regular judicial process. Property cannot be taken based on clues or perceptions by a prosecutor or inspector," Manjani writes.

He calls the current anti-mafia law "abusive", which according to him has allowed the confiscation of properties to take place even in the absence of criminal convictions.

"With the changes approved during the reform, criminal justice can seize property based on indications, not reasonable suspicion, much less evidence," Manjani emphasizes, warning that the new draft code further reinforces this practice.

Full post:

Private property under the target of criminal justice.

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Confusing criminal justice with civil-legal property relations constitutes a dangerous interference with the constitutional right to property and its legal security.

Criminal justice, as part of public law, should aim at guaranteeing property, not its insecurity.

That is, criminal justice ensures that the stolen loot is recovered from the thief, the fraudster, the robber, the money launderer who created the crime, or the corrupt. That's it. And it does this through a strict process of proof in a courtroom.

So criminal justice takes the property that comes from a criminal offense, an offense that was intended to create property and NOT EVERY CRIMINAL OFFENSE.

In fact, we compromised this logic when, for the sake of idiotic internationalism, we decided to declare ourselves a mafia society and passed the anti-mafia law. This law, after the changes it underwent during the reform, allows criminal justice to seize private assets even based on circumstantial evidence!!!

Beware of indications, not even reasonable suspicions, that is, no proof. Nor are criminal convictions required to take your property and with the public nickname "mafia!!!

We have made this abusive compromise with the freedom of property, just as we made the compromise to remove judges and prosecutors from the system after an equally abusive vetting, in the sense of without due process.

Now the new draft criminal code proposes that all those who own property in Albania agree to live the rest of their lives under the pressure of an abusive legal and popular vetting.

"Illegal enrichment" is the proposed article.

And whether it is "legal" or not is not determined by a judicial process, but by an angry police officer, inspector, or prosecutor or protagonist. I am not including anger about politics here...

In short, it is proposed that anyone who has wealth should also have the burden of proving that this wealth is legal, whenever the police/prosecutor/inspector, and later, most likely, the judge, finds your enrichment disproportionate.

It is undoubtedly the sexiest criminal offense for populism. It convincingly feeds the Albanian popular anger according to the legend "taking the other person's cow". Therefore, opening a debate on this topic places it at great public risk.

But, great job! The debate remains.

Does criminal justice have the right to ignore sales contracts, wills, and ventures because these contracts do not seem convincing to someone without a civil legal interest?!

 

What is the interest of public law (criminal law in this case) in creating as many individuals as possible stripped of civil rights and guarantees? What kind of society are we building?

Why should you buy and hold property in Albania under these conditions, when the legal means for acquiring ownership (Article 41 of the Constitution) was ignored by a police officer/prosecutor/inspector/almost a judge?!

Or have they not come out of the vetting, all charged with anger now... !?

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Some say that Italy also has this article.

Now, I prefer not to argue with anyone who bases their reasoning on monkey logic.

Secondly, Italian law governs 60 million Italians, where issues of property and enrichment were clarified centuries ago.

Thirdly, the Italian mafia operates in Italy, which has rules parallel to the state.

Fourth, there was no widespread and abusive use of these sui generis laws because the Italian judiciary is virtually unaffected.

***

I remain convinced that the jurisdiction of criminal justice over property and wealth issues should be returned to its origins. That is, it should deal with stolen property and not just any property.

We should also interfere with the anti-mafia law within the criminal process, and not as a separate process. The mafia member should be tried as a mafia member, and not society should be presumed to be a mafia member and be burdened with the burden of proof.!!!

The legality of property is not valued by criminal jurisdiction. Otherwise, we would repeal all other laws and retain only the criminal code.

Do you remember the movie?

"This is how the Quran became an infidel"!


Në përputhje me standarded JTI

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