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The storm in the glass with Fatmir Xhafajn and the truth of the New Penal Code

2023-11-13 07:51:42Politikë SHKRUAR NGA REDAKSIA VOX

The storm in the glass with Fatmir Xhafajn and the truth of the New Penal Code

In the last 72 hours, the head of the pulpit, Sali Berisha, together with some media close to him, have created a "storm in a glass" whose idea is this:

"Since Fatmir Xhafaj and some of his bureaucrats are drafting the new Penal Code according to the interests of the Ramsi regime, therefore Rama is approaching and agreeing with Fatmir Xhafaj, assisted by Erion Veliaj."

Hashtag.al is interested in the source and in the official working group that is conceiving and processing the New Penal Code, while the reality that appears on the horizon is quite different from the banal comments and theories of the pulpits.

It turns out that the changes in the Penal Code are not an Albanian initiative at all, nor a governmental one.

Two important institutions of American legal assistance in Tirana, ICITAP and OPDAT have undertaken this initiative, have framed the working group, the group leader and supported the project.

The working group that studies, conceives and writes the New Penal Code consists of experts from the School of Magistrates headed by the director of this school, Arben Rakipi. It is the latter, the highest authority that leads the working group and maintains constant contact with ICITAP and OPDAT experts.

Law experts and specialists like Fatmir Xhafaj are on the sidelines, this category of experienced jurists like Xhafaj can be consulted on certain aspects, they can also be asked for comments, but they are not writers of the New Penal Code, nor do they have anything in a hand that would force Edi Rama to reach out to them for some cooperation.

Today the former Minister of Justice Ylli Manjani has made an interesting note regarding these changes, emphasizing their value in terms of softening the punishments for some crimes that are illogically and disproportionately burdensome, state officials, teachers, doctors, drug users etc.

The idea of ​​these changes is related to the fact that some criminal offenses may beg for tolerances related to the investigation in a free state, or to the softening of restrictive measures and the introduction of the notion of "pledge and economic guarantee" or of a fine convertible into compulsory work in the community.

The work for these changes is complex and the goal for the re-conceptualization of the New Penal Code was born after the elite of the lawyers of Albania created the conviction that this existing code was causing injustice and was giving harsh punitive measures even to officials or individuals whose social dangerousness was not corresponded to these measures.

But what is surprising is the fact that Foltorja and the media around it speak publicly competently about the new Code with the idea that Rama and Xhafajn are secretly embroidering this code in some secret place.

These banal comments of the opposition are indicators that they are completely uninformed and "outside" of a very professional initiative supported by American experts and directed by the director of the School of Magistrates, Arben Rakipi.

The latter may have a special relationship with ICITAP and OPDAT, but it hardly occurs to any Albanian actor, be it Prime Minister Rama, that he can control or manipulate a player of the caliber of Arben Rakip, for more especially when the initiative in question is totally led and supervised by American partners. /  Hashtag.al 


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