The Importance of Adopting a New Criminal Code in the Republic of Albania. A Summary Analysis of the Criminal Code Project

By Bledar MUSTAFARAJ

Abstract
The objective of this paper is to evaluate and identify the deficiencies of the current Criminal Code of the Republic of Albania, as well as the necessity of drafting a new one. Albania has implemented six distinct criminal codes in less than a century, each of which is significantly different from the others. This absence of a unified scientific identity has a detrimental impact on the stability of criminal laws. The current Criminal Code is problematic in numerous ways, including its legislative technique, the formulation of numerous provisions in its special part that frequently result in overlaps or contradictions, inaccuracies in the definitions of criminal offenses, and the use of ambiguous or questionable terminology, among other issues.Its general part also falls short in addressing the core principles of criminal law. A contributing factor to the lack of harmonization is the uneven application of the terminology and principles due to a lack of social and political will. Conversely, the frequent modifications to the current Criminal Code underscore the necessity for a new code that is attuned to contemporary developments. The innovations of the Criminal Code Project, which have been developed in response to societal needs and the advancements in criminal science, are the subject of this paper. The project draws from international agreements that the Albanian government has ratified and judicial precedents, specifically those of the High Court, the Constitutional Court, and the European Court of Human Rights. In summary, the implementation of criminal provisions and the optimization of the delivery of justice by criminal courts necessitate the adoption of a new Criminal Code in a context where the structure, formulations, and terminology employed must be precisely defined to prevent any potential issues.

Keywords: Criminal Code, harmonization, configuration, doctrinal principles, legality, international law.

https://doi.org/10.58944/ngyv9888