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The new criminal code is needed to correct the old justice system, not to restore it.

2025-07-28 08:05:23Pikëpamje SHKRUAR NGA MERO BAZE
The new criminal code is needed to correct the old justice system, not to
Mero Base

The need for a new Criminal Code has aroused public interest due to the many problems that the justice reform has brought to the surface, as well as the exercise of justice in 35 years of pluralism after the dictatorship.

Albania's new criminal code after the dictatorship, of course, radically changed the way justice dealt with serious criminal offenses, especially in the circumstances when Albania was forced to remove the death penalty from the Criminal Code due to our membership in the Council of Europe in the mid-1990s.

The culture of society also changed a lot in relation to the accusation, seeing it as separate from the trial. During the communist era, this rarely happened. The accusation was also a court decision.

The Justice Reform attempted to increase the severity of other criminal offenses such as drug trafficking or organized crime – unknown during communism – or corruption of high-ranking officials.

But now we notice that the infrastructure of the Justice reform, which in a way demolished the old justice building in Albania, stands on shaky foundations.

The precariousness of its foundations is felt in the scarce human resources to complement a bloated and bureaucratic infrastructure, as well as a dangerous lack of balance between the power of justice and its accountability.

Above all, the new reform, instead of standardizing justice, has created such a wide variety of "standards" according to the wishes of prosecutors and judges that today we find it impossible to separate error from crime and guilt from responsibility.

But one of the most serious things is the return of reminiscences of communism, especially the freedom that the prosecution has to wiretap the courts as a sign of pressure to return once again to the time of communism when the pretense was almost the same as the court's decision.

Likewise, a series of new phenomena of governance in a democracy – especially the measure called "abuse of office" – has replaced in our prosecutors the article of agitation-propaganda, where you can be punished even without saying anything.

The need for abuse of office to be defined accurately and even precisely, and not to turn into a hunt for failed prosecutors and judges, and why not thieves, is urgent.
Its decriminalization would also ease the intimidation of low-ranking officials, and we would not be in a situation where they are now ready to quit their jobs if they are presented with a document that they have to sign, even for their generals.

Therefore, the amendment of the Criminal Code must review the existing code by adding the new phenomena of organized crime, corruption, and drug trafficking in a more severe manner, but on the other hand, it must also correct the arrogance and repression of a new unlimited power that has emerged from the Justice Reform.

As if this were not enough, I saw that the Ministry of Justice has proposed Article 536 on "Impact on the Independence of the Court", which according to the proposers states:

"Making or publishing comments that are clearly intended to exert influence on the court's ability to make decisions, through the creation of oppressive circumstances against its independence, the intentional distortion of the quality of evidence or its presentation contrary to its true content, the imposition of a public distrust of the court's ability to be independent, committed for any interest or benefit, to harm or favor particular persons, committed before the issuance of a judicial decision, is punishable by a fine or imprisonment of up to three years."

If they are serious about this, they don't need to make a new Penal Code. The old Communist Penal Code has this article – make no mistake, it was Article 55 – to punish agitation and propaganda. They don't need to bother with new amateur formulas that hide the insecurity of those who govern the justice system from public opinion.

So, in a way, the judges and prosecutors of this country want no one to discuss what they do, not even in words, and no more with administrative restrictions.

I don't know who initiated this article, but if those who proposed it have in mind that they can use Sali Berisha and his language as an argument against justice, they are simply doing Sali Berisha an honor by dying as a hero of free speech and not as corrupt.

Moreover, if Ulsiu did it, we should be serious enough not to worry, because he doesn't care about Berisha either. He simply thinks that he has reached an age where he has now contributed to justice, since he has grown a beard and cannot be criticized.

Indeed, it is clear that there is a clan within the judiciary that feels insecure and seeks silence on their decision-making, but this is a banality that should not only not be proposed, but also be denied that it was proposed – to appear serious and worthy of debate.

Think about what this article would do to Trump if it were implemented in the US. He would never see the light of day again. 

But my biggest fear is that the insidious proponent seeks to sabotage the changes to the Criminal Code, by introducing such malignancies. Just like they have been doing for ten years in a row with the press law: they pretend to want to make it European standards and insert an article that, in order to close the newspaper, is in the hands of a government employee, and the law never becomes law.

Overall, the new Penal Code of Albania should strengthen the penalties for serious crimes and not soften them, as well as soften and decriminalize administrative offenses and criminal offenses that are accidental in a citizen's life - to free the administration and end the anomaly that has been created by the unprofessional repression of zealots emerging from the New Justice Reform.


Në përputhje me standarded JTI

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