New Penal Code/ minors are up to 21 years old! Special protection for them. Some criminal offenses are removed. What are the other innovations of the draft?
For the first time in 30 years, Albania will have a new Penal Code. But what will its innovations be?
A lot of attention has been paid to minors. The Criminal Code provides special protection for minors. For any criminal act directed against them, there will be severe penalties. An adjustment has also been made to the concept of “minor”. Now, a minor will be considered any person up to 21 years of age.
The New Criminal Code will prioritize the rehabilitation and reintegration of minors involved in crime. In determining educational measures, a number of factors are taken into account and the most severe measure is applied as a last resort. The Code also specifies the responsibilities of the persons who must take care of them.
Meanwhile, several outdated offences have been removed from the list of criminal offences. According to the draft of the New Criminal Code, the level of protection for victims of criminal offences will be increased, offering more guarantees for them. The victim has the right to appeal the court decision (which accepts the replacement of the prison sentence with an alternative and early release on parole), as an additional mechanism of judicial control over the prosecuting authorities.
With this Code, we have a definition and definition of notions that have been missing from Albanian legislation for years, reducing the gaps and ambiguity that may be encountered in practice.
The concept of restorative justice has also been introduced into the Criminal Procedure Code, adding, for example, special provisions for repairing the damage caused to the victim, adding types of alternative punishments to imprisonment for minor criminal offenses, as well as additional punishments, or determining criminal liability for possession of narcotics according to the quantity and type of substance.
Another innovation is related to the criminalization of new offenses such as cyberterrorism, arms trafficking, sophisticated tax evasion, environmental crimes, the trafficking of 3D printed weapons, false weapon numbering, and others.
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