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Abuse of the concept of Unlawful Influence!

2026-03-06 15:08:12Pikëpamje SHKRUAR NGA YLLI MANJANI
Star Manjani

Another abuse of criminal justice is the concept of Unlawful Influence. This is a criminal offense provided for in Article 245 of the Criminal Code.

To understand abuse, we must first agree on the meaning of this concept.

To exert unlawful influence over someone, you must first have power/power/authority over the person being influenced. The influencing authority is so strong that the person being influenced has no alternative.

This is the typical concept to define the influence of bosses/superiors over their subordinates. Typically they have the power to influence because they hire and fire you.

On the other hand, the influence must be illegal, meaning that you are forced to make a decision or perform a behavior contrary to a written law. So not every influence is illegal.

Beware! Superiors/bosses/leaders undoubtedly have influence because that's why they're in charge, but when they're within written rules, it's not considered illegal.

Now where does the abuse lie?

Our criminal practice considers the exercise of unlawful influence to be the influence of anyone, regardless of whether they have any influential power/authority. In short, in all cases where prosecutors cannot prove the passive party in corruption (i.e. the state employee) they accuse the other private party of exercising influence..!!

So, to put it simply, when they find two parties, the receiver and the giver of money and favors, they call it corruption. When they can't find the receiver of the money or the giver of the favor, they call it influence peddling. So this act, according to our criminal justice system, is corruption with only one party!!

How absurd!

Corruption either exists or it doesn't!

The exercise of unlawful influence is either done by someone who has power over the person being influenced, or a random person has no chance of doing it.
The latter can commit blackmail, corruption, robbery, assault, and any other criminal offense, but not the exercise of unlawful influence.

Here we are dealing with an abuse of the concept of exercising influence.

And this concept has been severely compromised by our courts. Partly because of the rubber-like law that has undergone careless interference, and partly because of the simplistic interpretation of practice.

A practice that does not punish only the influential person, but is content with prosecuting lawyers or their clients, who do not have influential power.

There are also some legends within reasonable doubt about how judges were intimidated by having their phones taken away because they were somehow being illegally influenced!!!!

This leads us to the other logic that we denounce the exercise of influence exclusively by the "influenced." Otherwise, how would you know it happened?

So even procedurally, the concept is compromised today, as long as you have influencers under investigation, without influencing them. You even have influencers under indictment, when the influencers have implemented the laws of the state correctly!!!

So even when it affects the implementation of laws, it is effectively called a crime!!

Criminal justice must be returned to its basic concepts. Careless elaborations have led to absurdity.


Në përputhje me standarded JTI

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