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New Penal Code? No need for miracles, just a little logic and normality

2025-07-29 12:16:02Pikëpamje SHKRUAR NGA YLLI MANJANI
New Penal Code? No need for miracles, just a little logic and normality
Star Manjani

More than a new Criminal Code, we need a normal code.

Since a draft Criminal Code was officially presented today, and in respect of the invitation to contribute, an invitation which I personally welcome, I have some observations of a general nature.

Criminal justice needs a new Criminal Code that:

To establish normality in place of momentary emergencies, which have damaged the logic of criminal justice;

To establish proportionality as the principle of punishment and not primitive revenge, or even the completely meaningless politics of the day;

To stop the criminalization of speech. The perpetrator is punished for illegal behavior and not for the words, thoughts or opinions that he has in his head, cell phone, computer. "The word is dead" - says the canon. And when it becomes dead, it cannot even bring criminal punishment.

To punish human behavior that causes great/serious and dangerous harm and not just any kind of harm. Not every harm is punishable by prison. The criminal code should be accompanied by a comprehensive code of administrative offenses.

To protect the territory and population from crimes committed against them, and not at the expense of other territories or populations;

To build all criminal prosecution strictly on the basis of the criminal consequence and the criminal fact (Habeas corpus) and not on assumptions or conjectures;

To promote active investigations and not investigators who crowd around offices waiting for letters and cell phones, because the Criminal Code makes a person punishable even without proof of their behavior. It is enough to wiretap and criminalize them for their words;

To have 1 article for a criminal offense and not 1 article with 3 criminal sub-offenses, often unrelated to the definition of the offense that is intended to be punished;
To punish the problem, not the person. Society is harmed by an untreated problem. A convicted person does not save society from the problem;

A criminal code is not judged by the number of articles, but by their content, fairness, proportionality, preventive purpose, and longevity.

The new Criminal Code also requires a new Code of Criminal Procedure.

If the idea is to close the current loopholes in the Code in force, we'd better keep what we have.

If we want something else, I think we need to first aim for something normal and logical.

We are talking about a law that punishes people, practically takes their lives, so this law is important. It must be written clearly, simply and logically. With UN formulations, it no longer works.

I look forward to the invitation to discuss more and on concrete articles about this initiative.

I repeat, it is the most important part of the system.

In fact, this law and the procedural laws are a real reform in justice. What we have done until now with all the fuss and fuss has been simply a personnel reform.


Në përputhje me standarded JTI

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