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"Prison whoever spreads the virus"/ The Constitutional Court overturns the majority law approved during the pandemic

2022-12-15 18:12:16Politikë SHKRUAR NGA REDAKSIA VOX
"Prison whoever spreads the virus"/ The Constitutional Court overturns
Edi Rama

The Constitutional Court overturned the majority by overturning laws passed during the COVID-19 pandemic. 

In a decision taken today, the Constitutional Court partially accepted the request of the Albanian Committee of Helsinki, repealing two provisions of the Criminal Code (articles 89/b and 242/a), approved at the beginning of the Pandemic period.

We are talking about the articles where it was determined that whoever spread the virus through negligence was sentenced to two to five years in prison, depending on the consequences he had caused.

Full Notice:

The Constitutional Court partially accepts the request of the Albanian Helsinki Committee and declares unconstitutional two paragraphs of Article 89/b of the Criminal Code of the RS

KSHH argued the need for the repeal of two provisions of the Criminal Code (articles 89/b and 242/a), approved at the beginning of the Pandemic period. From the moment when these provisions were proposed through amendments by MP E. Bode, in April 2020, KShH together with some civil society organizations reacted noting that important constitutional principles such as the principle of the rule of law were being violated. the constitutional prohibition against the Assembly not to approve with an accelerated procedure laws that require a qualified majority, the principle of proportionality according to Article 17 of the Constitution. The restrictive measures in the criminal legislation were evaluated by CSO as harsh and extreme measures, which did not respond proportionally to the situation in which our country was located.

KSH also, in the request addressed to the Constitutional Court, argued that constitutional rights and freedoms were violated, such as freedom of movement or personal freedom, equality before the law and the right to a peaceful private and family life. In order to review this request, the Constitutional Court, on its own initiative, has requested an opinion from Independent Constitutional Institutions (People's Advocate) or established by law (Commissioner for Protection from Discrimination), which have confirmed the constitutional problems of the provisions of the Code Penal, analyzed in the light of their mission and activity.

Gjykata Kushtetuese, pasi shqyrtoi në seancë plenare publike kërkesën e Komitetit Shqiptar të Helsinkit, ka shpallur ditën e sotme (15 Dhjetor 2022), vendimin e marrë me shumicë votash, për pranimin pjesërisht të kërkesës dhe shfuqizimin e paragrafëve të dytë dhe të tretë të nenit 89/b të Kodit Penal. Vlen të kujtojmë për publikun se neni 89/b i Kodit Penal ka në përbërje të tij tre paragrafë, ku sanksionohet si vepër penale përhapja e sëmundjeve infektive, përkatësisht si vijon:

Neni 89/b

Përhapja e sëmundjeve infektive (Shtuar me ligjin nr. 35/2020, datë 16.4.2020)

1. Intentional spreading of an infectious disease with a high risk to health, through actions or omissions by the person who has been diagnosed as a carrier of the disease or by the person who intends to spread it, is punishable by imprisonment from two to five years.
2. When this offense is committed through negligence, it is punishable by a fine or imprisonment of up to two years.
3. This offense, when it has caused serious health consequences or danger to people's lives, is punishable by imprisonment from three to eight years.

With interest in the jurisprudence of the Constitutional Court and the importance of the legitimacy of the non-profit organizations that put this Court in charge, constitutes the reasoning of this decision which will be carried out in the future, in accordance with the deadlines provided in the organic law of the Constitutional Court.


Në përputhje me standarded JTI

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