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The draft of the new Criminal Code also endangers the liberal professions (lawyers, accountants, translators, experts ...)

2025-07-30 13:47:53Pikëpamje SHKRUAR NGA ERION ISMAILAJ
Erion Ismailaj

As a lawyer and part of the justice system, I feel a professional and civic obligation to express my strong opposition to the new Draft Criminal Code, which is currently in the process of being approved by the Albanian Parliament.

This draft is not a reform for better justice. On the contrary, it contains elements that seriously endanger the liberal professions, including lawyers, accountants, translators, private experts and many others.

What are the main problems?

Criminalization of professional remuneration:

The draft provisions foresee criminal prosecution for payments that professionals receive for their work, deeming them “unjustified” or “inappropriate.” This violates the honest contractual relationship and creates fear and uncertainty for any honest professional.

Attack on the independence of lawyers and independent professions;

The draft paves the way for criminal prosecution of lawyers and professionals who represent or advise clients, directly violating the right to defense and the independence of the legal profession.

Unclear language, a danger to every citizen;

Expressions such as "failure to take measures", "failure to respect responsibility", "high risk", etc., are so vague that they can be interpreted in any direction - turning any technical error into criminal liability.

Lack of consultation with professional groups;

This code was drafted without dialogue with the Bar Associations, professionals and civil society. Such laws are not built in the dark, but with transparency and full inclusion.

This draft risks stifling critical voices and independent professions, intimidating professionals, and undermining the rule of law in our country.

If this code is adopted in its current form, it will not be a tool for better justice, but a danger to the freedom of every honest professional and citizen.

* Lawyer Erion Ismailaj is Secretary of the Berat Local Bar Association


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