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Criminal Code of the Republic of Albania (approved by Law No. 7895 of January 27, 1995, and amended up to Law No. 8733 of January 24, 2001), Albania

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Details Details Year of Version 2004 Dates Consolidated: December 1, 2004 Amended up to: March 14, 2001 Entry into force: June 1, 1995 Published: March 16, 1995 Adopted: January 27, 1995 Type of Text Framework Laws Subject Matter Other, Enforcement of IP and Related Laws Notes This compilation of the Republic of Albania's criminal law, also referred as 'Criminal Code of the Republic of Albania', was consolidated as of December 1, 2004, taking into account of the amendments up to Law No. 8733 of January 24, 2001, which was published in the Official Gazette on February 26, 2001, and entered into force on March 14, 2001. According to articles 147-149 of this Code, steal of property through fraud, publication, partial or total use in his own name, total or partial reproduction of a work belonging to another constitute criminal contravention and are punishable by fine or imprisonment.

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Law No. 7895, dated 27 January 1995

CRIMINAL CODE OF

THE REPUBLIC OF ALBANIA

TABLE OF CONTENTS

GENERAL PART

CHAPTER I - CRIMINAL LAW AND ITS APPLICATION

Article 1 - Criminal Law and classification of criminal acts

Article 1/a - Basics of the criminal/penal legislation

Article 1/b - Tasks of the criminal legislation

Article 1/c - Principles of the Criminal Code

Article 2 - Unlawful sentencing

Article 3 - Operation in time of the criminal law

Article 4 - Ignorance of law

Article 5 - Territory of the Republic of Albania

Article 6 - The applicable law on criminal acts committed by Albanian citizens

Article 7 - The applicable law on criminal acts committed by foreign citizens

Article 8 - Applicable law on criminal acts committed by a person without nationality

Article 9 - Responsibility of a foreign citizen who enjoys immunity

Article 10 - Validity of criminal sentences of foreign courts

Article 11 - Extradition

CHAPTER II - CRIMINAL RESPONSIBILITY

Article 12 - Age for criminal responsibility

Article 13 - Causal connection

Article 14 - Guilt

Article 15 - Intention

Article 16 - Negligence

Article 17 - Irresponsibility because of the person’s mental state

Article 18 - Criminal act committed when inebriated

Article 19 - Necessary defense

Article 20 - Extreme necessity

Article 21 - Exercising a right or fulfilling a duty

CHAPTER III - ATTEMPT

Article 22 - The meaning of attempt

Article 23 - Responsibility for the attempt

Article 24 - Giving up the commitment of a criminal act

CHAPTER IV - COLLABORATION

Article 25 - Meaning of collaboration

Article 26 - Collaborators

Article 27 - Responsibility of collaborators

Article 28 - Special forms of collaboration

CHAPTER V - PUNISHMENTS

Article 29 - Principal punishments

Article 30 - Supplementary punishments

Article 31 - Life imprisonment or capital punishment

Article 32 - Imprisonment

Article 33 - The manner of serving life imprisonment and ordinary imprisonment

Article 34 - Fines

Article 35 - The removal of the right to exercise public functions

Article 36 - Confiscation of means for committing the criminal offence and criminal offence proceeds

Article 37 - Ban on driving

Article 38 - Stripping decorations and honorary titles

Article 39 - Deprivation of the right to exercise an activity or skill

Article 40 - Deprivation of the right to undertake leading positions

Article 41 - Denial of the right to stay in one or more administrative units

Article 42 - Expulsion from the territory

Article 43 - Publication of court sentences

Article 44 - The manner of serving supplementary punishments

Article 45 - The Application of the criminal law on legal persons/entities

Article 46 - Medical and educational sanctions

CHAPTER VI - DETERMINATION OF PUNISHMENT

Article 47 - Determination of punishment

Article 48 - Mitigating circumstances

Article 49 - [No title in the original]

Article 50 - Aggravating circumstances

Article 51 - Imprisonment sentencing of minors

Article 52 - Excluding minors from punishment

Article 53 - Sentencing under the minimum provided for by law

Article 54 - Accepting to pay the fine

Article 55 - Sentencing for more than one criminal act

Article 56 - Concurrence of sentences

Article 57 - Detention

CHAPTER VII - ALTERNATIVES TO IMPRISONMENT

Article 58 - Fragmentation of imprisonment

Article 59 - Suspending the execution of a sentence

Article 60 - Sanctions against the convicted under probation

Article 61 - Convicted’s obligations during probation

Article 62 - Revoking the sentence on suspending through

Article 63 - Suspension of imprisonment and compulsion to perform labor in favor of public interest

Article 64 - Early release on parole

Article 65 - [No title in the original]

CHAPTER VIII - CESSATION OF CRIMINAL PROSECUTION, PUNISHMENTS,

AND THEIR NON-EXECUTION

Article 66 - Statute of limitations for criminal prosecution

Article 67 - Non-operation of the statute of limitations on criminal prosecution

Article 68 - Statute of limitations on the execution of sentences

Article 69 - Nullification of sentencing

Article 70 - Pardon

Article 71 - Amnesty

Article 72 - Applicability of provisions of the General Part

CHAPTER I - CRIMES AGAINST HUMANITY

Article 73 - Genocide

Article 74 - Crimes against humanity

Article 75 - War crimes

CHAPTER II - OFFENCES AGAINST THE PERSON CRIMES AGAINST LIFE

SECTION I - CRIMES AGAINST LIFE COMMITTED INTENTIONALLY

Article 76 - Murder

Article 77 - Murder connected to another crime

Article 78 - Premeditated homicide

Article 79 - Homicides committed in other specific circumstances

Article 80 - [No title in original]

Article 81 - Infanticide

Article 82 - Homicide committed in a state of profound psychiatric distress

Article 83 - Homicide committed through the use of excessive force for self-defense

Article 83/a - Serious threat/ intimidation on the ground of revenge or blood feud

Article 84 - Threat

SECTION II - OFFENCES AGAINST THE PERSON COMMITTED BY NEGLIGENCE

Article 85 - Manslaughter

SECTION III - CRIMINAL ACTS INTENTIONALLY COMMITTED AGAINST HEALTH

Article 86 - Torture

Article 87 - Torture resulting into serious consequences

Article 88 - Serious intentional injury

Article 88/a - Serious wounding under the conditions of hard psychic shock

Article 88/b - Serious wounding by transcending the limits of necessary defense

Article 89 - Non-serious intentional injury

Article 89/a

Article 90 - Other intentional harm

SECTION IV - CRIMINAL ACTS AGAINST HEALTH DUE TO NEGLIGENCE

Article 91 - Serious injury due to negligence

Article 92 - Non-serious injury due to negligence

SECTION V - CRIMINAL ACTS ENDANGERING THE LIFE AND HEALTH

BECAUSE OF INTERRUPTION OF PREGNANCY OR REFRAINING

FROM PROVIDING HELP

Article 93 - Interruption of pregnancy without the woman’s consent

Article 94 - Interruption of pregnancy conducted in unauthorized places by unlicensed persons

Article 95 - Providing the utensils for interruption of pregnancy

Article 96 - Incorrect medication

Article 97 - Refraining from providing help

Article 98 - Refraining from providing help by the captain of a ship

Article 99 - Causing suicide

SECTION VI - SEXUAL OFFENCES

Article 100 - Sexual or homosexual relations/ intercourse with minors/children

Article 101 - Sexual or homosexual intercourse by violence with a minor who is 14-18 years old

Article 102 - Nonconsensual sexual intercourse with mature/ adult women

Article 102/a - Homosexual relations by violence with adults

Article 103 - Sexual or homosexual relations with persons who are unable to defend themselves

Article 104 - Sexual or homosexual relation by intimidation of using a weapon

Article 105 - Sexual or homosexual relations by job/position misappropriation

Article 106 - Sexual or homosexual intercourse with persons that are related (of the same blood) or persons under custody

Article 107 - Intercourse in public places

Article 108 - Serious immoral acts

SECTION VII - CRIMINAL ACTS AGAINST PERSON’S FREEDOM

Article 109 - Kidnapping or keeping hostage a person

Article 109/a - Kidnapping or keeping hostage a person in lenitive/alleviating circumstances

Article 109/b - Forcing through blackmail or violence for submission of the wealth (Extortion)

Article 110 - Unlawful detention

Article 110/1 - Trafficking in Persons

Article 111 - Hijacking planes, ships and other means

Article 112 - Breaking and entering into someone’s house

SECTION VIII - Criminal acts against morality and dignity

Article 113 - Prostitution

Article 114 - Exploitation of prostitution

Article 114/a - Exploitation of prostitution with aggravated circumstances

Article 114/b - Trafficking of Women

Article 115 - Use of premises for prostitution

Article 116 – Homosexuality (Repealed by law no. 8733 dated 24.01.2001)

Article 117 - Pornography

Article 118 - Desecration of graves

Article 119 - Insulting

Article 120 - Libel

Article 121 - Intruding into someone’s privacy

Article 122 - Spreading personal secrets

Article 123 - Halting or violation of the privacy of correspondence

SECTION IX - CRIMINAL ACTS AGAINST CHILDREN, MARRIAGE AND FAMILY

Article 124 - Abandonment of minor children

Article 124/a - Asking or reception of remuneration for adoption procedures

Article 125 - Denial of support

Article 126 - Failing to inform on the changing of domicile

Article 127 - Unlawfully taking the child

Article 128 - Replacement of children

Article 128/a - Deliberately hiding or swapping a child

Article 128/b - Trafficking of Minors

Article 129 - Inducing minors to criminality

Article 130 - Forcing or impeding to cohabit or divorce

SECTION X - CRIMINAL ACTS AGAINST FREEDOM OF RELIGION

Article 131 - Obstructing the activities of religious organizations

Article 132 - Ruining or damaging places of worship

Article 133 - Obstructing religious ceremonies

CHAPTER III - CRIMINAL ACTS RELATED TO PROPERTY OR IN THE

ECONOMIC AREA

SECTION I - THEFT OF PROPERTY

Article 134 - Theft

Article 135 - Theft through abuse of office

Article 136 - Bank robbery and savings banks robbery

Article 137 - Stealing electrical power or telephone impulses

Article 138 - Stealing works of art or culture

Article 138/a - Art and culture works trafficking

Article 139 - Robbery

Article 140 - Robbery with the use of weapons

Article 141 - Theft resulting in death

Article 141/a - Trafficking of vehicles

Article 142 - Providing equipment for theft

SECTION II - FRAUD

Article 143 - Deception/ Fraud

Article 143/a - Fraudulent and pyramid schemes

Article 144 - Fraud on subsidies

Article 145 - Fraud on insurance

Article 146 - Fraud on credit

Article 147 - Fraud on works of art and culture

Article 148 - Publication of another person’s work with own name

Article 149 - Unlawful reproduction of the work of another

SECTION III - DESTROYING PROPERTY

Article 150 - Destroying property

Article 151 - Destroying property by fire

Article 152 - Destroying property by explosives

Article 153 - Destroying property by flooding

Article 154 - Destroying property with other means

Article 155 - Destroying roads

Article 156 - Destroying power network

Article 157 - Destroying the watering system

Article 158 - [No title in original]

Article 159 - Destroying water-supply system

Article 160 - Destroying works of culture

Article 161 - Destruction of property due to negligence

Article 162 - Colliding means of public transportation

SECTION IV - CRIMINAL ACTS COMMITTED IN CORPORATIONS

Article 163 - Drafting false statements

Article 164 - Abuse of powers

Article 164/a - Active corruption in the private sector

Article 164/b - Passive corruption in the private sector

Article 165 - Falsifying signatures

Article 166 - Irregularly issuing shares

Article 167 - Unfairly holding two capacities at the same time

Article 168 - Giving false information

Article 169 - Revealing secrets of a company

Article 170 - Refusing to write mandatory notes

Article 170/a - Illegal employment

Article 170/b - Illegal competition through violence

SECTION V - OFFENCES IN THE FIELD OF CUSTOMS

Article 171 - Smuggling unauthorized goods

Article 172 - Smuggling goods to which excise duty is applied

Article 173 - Smuggling goods requiring license

Article 174 - Smuggling other goods

Article 175 - Smuggling done by employees that are linked to customs activities

Article 176 - Smuggling [goods with] cultural value

Article 177 - Smuggling goods holding intermediate status

Article 178 - Trading and transport of smuggled goods

Article 179 - Storing smuggled goods

Article 179/a - The non-declaration of money and of valuable objects

SECTION VI - CRIMINAL ACTS RELATED TO TAXATION

Article 180 - Concealment of income

Article 181 - Non-payment of taxes

Article 181/a - Non completion of duties from tax authorities

Article 182 - Modification of measurement devices

SECTION VII - FALSIFYING CURRENCY OR MONEY ORDERS

Article 183 - Money counterfeiting

Article 184 - Forging the valued papers/ vouchers

Article 185 - Producing instruments for forgery

SECTION VIII - FALSIFYING DOCUMENTS

Article 186 - Falsification of Documents

Article 187 - Falsifying school documents

Article 188 - Falsifying health-related documents

Article 189 - Falsification of Identity Documents, Passports or Visas

Article 190 - Falsification of Seals, Stamps or Forms

Article 191 - Falsification of Civil Status Documents

Article 192 - Production of devices to falsify documents

Article 192/a - Documents disappearing and stealing

Article 192/b - Interference in the computer transmissions

SECTION IX - CRIMINAL ACTS IN THE AREA OF BANKRUPTCY

Article 193 - Provoked bankruptcy

Article 194 - Concealment of bankruptcy status

Article 195 - Concealment of assets after bankruptcy

Article 196 - Failure to comply with obligations

SECTION X - UNLAWFUL LOTTERIES AND GAMBLING

Article 197 - Organizing unlawful lotteries

Article 198 - Providing the premises for unlawful gambling

SECTION XI - CRIMINAL ACTS WHICH VIOLATE THE LEGAL STATUS OF

LAND

Article 199 - Misuse of land

Article 200 - Unlawfully taking land

CHAPTER IV - CRIMINAL ACTS AGAINST ENVIRONMENT

Article 201 - Polluting the air

Article 202 - Transporting toxic waste

Article 203 - Polluting the water

Article 204 - Prohibited fishing

Article 205 - Unlawfully cutting forests

Article 206 - Cutting decoration and fruit trees

Article 207 - Breach of quarantine for plants and animals

CHAPTER V - OFFENCES AGAINST INDEPENDENCE AND CONSTITUTIONAL

ORDER

SECTION I - OFFENCES AGAINST INDEPENDENCE AND INTEGRITY

Article 208 - Transferring territory

Article 209 - Surrendering the army

Article 210 - Agreement for transferring territory

Article 211 - Provocation of war

Article 212 - Agreement for armed intervention

Article 213 - Handing over classified information

Article 214 - Providing information

Article 215 - Damaging defense objects

Article 216 - Providing means for destroying military technique

Article 217 - Getting paid [from foreign states]

Article 218 - Placing oneself in the service of foreign states

SECTION II - OFFENCES AGAINST CONSTITUTIONAL ORDER

Article 219 - Assassination

Article 220 - Conspiracy

Article 221 - Rioting

Article 222 - Calls for taking on the arms or unlawful taking-over of the command

Article 223 - Public calls for violence

Article 224 - Founding unconstitutional parties or associations

Article 225 - Distributing unconstitutional writings

CHAPTER VI - OFFENCES ENCROACHING RELATIONS WITH OTHER STATES

Article 226 - Violent acts against representatives of foreign states

Article 227 - Insulting representatives of foreign countries

Article 228 - Violent acts against working-places of foreign representatives

Article 229 - Insulting acts against the anthem and flag

CHAPTER VII - TERRORIST ACTS

Article 230 - Terrorist acts

Article 230/a - Financing of terrorism

Article 230/b - The hiding/concealing of funds and other wealth/goods that finance

terrorism

Article 230/c - Giving information from persons that carry public functions

or persons on duty or in exercise of the profession

Article 230/ç - The performance of the services and actions with identified persons

Article 231 - Violent acts against property

Article 232 - Delivering dangerous substances

Article 233 - Creating armed gangs

Article 234 - Producing military weapons

Article 234/a - Terrorist organizations

Article 234/b - Armed gangs

CHAPTER VIII - CRIMES AGAINST THE STATE AUTHORITY

SECTION I - CRIMINAL ACTS AGAINST STATE ACTIVITY COMMITTED BY

[ALBANIAN] CITIZENS

Article 235 - Opposing the public official

Article 236 - Opposing the official of the public order police

Article 237 - Assault [to an official] on duty

Article 238 - Threatening [a public official] on duty

Article 239 - Insulting [a public official] on duty

Article 240 - Defamation [toward a public official] on duty

Article 241 - Defamation toward the President of the Republic

Article 242 - Disobeying orders of the official of public order police

Article 243 - Assaulting family members of a person acting in exercise of his state

duty

Article 244 - Active corruption of persons exercising public functions

Article 245 - Active corruption of the high state official and of the local

elected/representatives

Article 245/1 - The exercising of unlawful influence on public officials

Article 245/2 - The exemption from suffering the sentence

Article 246 - Appropriating a public title or office

Article 247 - Unlawfully wearing a uniform

SECTION II - CRIMINAL ACTS AGAINST THE ACTIVITY OF THE STATE

COMMITTED BY PUBLIC OFFICIALS

Article 248 - Abuse of duty

Article 249 - Acting in a capacity after its termination

Article 250 - Committing arbitrary acts

Article 251 - Refusing to take measures to stop unlawful situation

Article 252 - Illegal detention

Article 253 - Denying equality of the citizens

Article 254 - Infringing the inviolability of residence

Article 255 - Hindering and violating the secrecy of correspondence

Article 256 - Misusing state contributions

Article 257 - Illegal benefiting from interests

Article 257/a - Refusal for the declaration, non declaration, hiding or false declaration

of elected persons and public employees

Article 258 - Breaching the equality of participants in public bids or auctions

Article 259 - Passive corruption by public officials

Article 260 - Passive corruption by High State Officials or local elected officials

SECTION III - CRIMINAL ACTS AGAINST PUBLIC ORDER AND SECURITY

Article 261 - Preventing the exercise of freedom of speech and assembly

Article 262 - Organizing or participating in illegal assembly

Article 263 - Organizing illegal assembly with participation by armed people

Article 264 - Forcing to strike or not to strike

Article 265 - Inciting national, racial or religious hatred or conflict

Article 266 - Calls for national hatred

Article 267 - Propagating false information for panic

Article 268 - Defamation of the Republic and her symbols

Article 269 - Forcible obstruction of the activity of political parties

Article 270 - Prisoner’s rebellion

Article 271 - Providing false information to emergency units

Article 272 - False information

Article 273 - Leaving the scene of an accident

Article 274 - Breach of public peace

Article 275 - Wrongful intentional use of telephone calls

Article 276 - Unlawful use of the Red Cross emblem

Article 277 - Self-made justice

Article 278 - Illegal manufacturing and keeping military weapons and ammunition

Article 278/a - Trafficking of weapons and munitions

Article 279 - Illegally manufacturing and keeping weapons with blades

Article 280 - Illegally manufacturing and keeping hunting and sporting rifles

Article 281 - Breach of rules on poisonous substances

Article 282 - Breach of rules on explosive, flammable or radioactive substances

Article 282/a - Traffic of explosive, burning, poison and radioactive matters

Article 283 - Manufacturing and selling narcotics

Article 283/a - Traffic of narcotics

Article 283/b - Facilitating the drugs intake and use

Article 284 - Cultivating narcotic plants

Article 284/a - Organizing and leading criminal organizations

Article 284/b - Supporting the disclosure of crimes

Article 284/c - Producing and manufacturing narcotic and psychotropic stuff

Article 284/ç - Illegal production, trade, and use of precursors

Article 285 - Holding, producing, and transporting chemical substances

Article 285/a - Fitting premises for drugs use

Article 285/b - Throwing way or getting rid of syringes

Article 286 - Inducing the use of drugs

Article 286/a - Illegal use of high technology

Article 287 - Laundering of crime proceeds

Article 287/a - Opening of the anonymous accounts

Article 288 - Producing and selling foods and other substances dangerous to the

health

Article 288/a - Illegal production of industrial and food items/commodities

Article 289 - Breach of rules of work-related protection

Article 290 - Breach of traffic regulations

Article 291 - Driving while inebriated or without a license

Article 292 - Breach of working-standards in transportation

Article 293 - Blocking transportation

SECTION IV - CRIMINAL ACTS AGAINST STATE SECRETS AND STATE

BORDERS

Article 294 - Divulging of state secrets by a person entrusted with then

Article 295 - Divulging of state secrets by citizens

Article 296 - Loss of secret documents

Article 297 - Illegally crossing state border

Article 298 - Assistance for Illegal Crossing of the Border

Article 299 - Breach of flight rules

CHAPTER IX - CRIMINAL ACTS AGAINST JUSTICE

Article 300 - Failure to report a crime

Article 301 - Obstruction of justice

Article 302 - Harboring a fugitive

Article 303 - Hiding or disfiguring a corpse beyond recognition

Article 304 - Obligation to report the evidence

Article 305 - False report

Article 306 - Perjury

Article 307 - Refusing to testify

Article 308 - False translation

Article 309 - False expertise

Article 310 - Refusing to appear as a witness, expert or translator

Article 311 - Threat to remain silent

Article 312 - Active corruption of the witness, expert or interpreter

Article 312/a - The threat to do false statements or testimonies, expertise of

interpretation

Article 313 - Unlawful criminal prosecution

Article 313/a - File’s disappearance or loss

Article 313/b - Prohibition on providing and publishing data contrary to the law

Article 314 - Use of violence during investigation

Article 315 - Unfair sentencing

Article 316 - Opposing and assaulting a judge

Article 317 - Threat to a judge

Article 318 - Insulting a judge

Article 319 - Active corruption of the judge, prosecutor and of other justice official

Article 319/a - The passive corruption of the judges, prosecutors and other officials of

the justice bodies/system

Article 320 - Preventing the enforcement of court decisions

Article 320/a - The failure to execute the court decision without grounded reasons

Article 321 - Acts opposing court’s decision

Article 322 - Destruction of seals

Article 323 - Escape of the convicted from the place of detention

Article 324 - Assisting a fugitive

CHAPTER X - CRIMINAL ACTS AFFECTING FREE ELECTIONS AND THE

DEMOCRATIC SYSTEM OF ELECTIONS

Article 325 - Preventing [electoral] subjects from election to representative bodies

Article 326 - Falsifying documents and election results

Article 327 - Violating voting secrecy

Article 328 - Remuneration and promises

Article 329 - Threat to the voter

Article 330 - Threat to the candidate

Article 331 - Violation of election rights

Article 332 - Abuse of military authority

CHAPTER XI - CRIMINAL ACTS COMMITTED BY AN ARMED GANG OR

CRIMINAL ORGANIZATION

Article 333 - Criminal organizations

Article 333/a - The structured criminal group

Article 334 - Commission of criminal offences by the criminal organisation and the structured criminal gang

Article 334/1 – No title

Article 335 – No Title

REPUBLIC OF ALBANIA

PEOPLE’S ASSEMBLY

LAW

No. 7895, dated 27 January 1995

CRIMINAL CODE OF THE REPUBLIC OF ALBANIA

Amended by Law No 8733, date 24.01.2001

In compliance with Article 16 of Law No. 7491, dated 29 April 1991 “On the Main Constitutional Provisions,” with the proposal of the Council of the Ministers

THE PEOPLE'S ASSEMBLY

OF THE REPUBLIC OF ALBANIA

DECIDED

GENERAL PART

CHAPTER I

CRIMINAL LAW AND ITS APPLICATION

Article 1

Criminal Law and classification of criminal acts

Criminal law defines1 the criminal acts, the sentencing and other measures taken against the persons who committed them.

Criminal acts are classified into offences and contraventions. The distinction between them is made in the provisions of the Special Part of the present Code.

Article 1/a

Basics of the criminal/penal legislation

Përcakton(Defines) in the Albanian original.

The Criminal Code is based on the Constitution of the Republic of Albania, general principles of the international penal right, and international treaties ratified by the Albanian state.

The Criminal Code is made of this Code and other laws that include the penal acts.

Article 1/b

Tasks of the criminal legislation

The criminal code of the Republic of Albania is in charge of protecting (against the penal acts) the state’s dependence and its territorial integrity, human’s dignity, human’s rights and freedoms, constitutional order, property, environment, Albanians’ co-habitation and well-understanding with national minorities, and religious co-habitation; also, the criminal code should prevent the penal acts.

Article 1/c

Principles of the Criminal Code

The Criminal Code is based on the constitutional principles of the state that respect the right, the equality in front of the law, fairness in deciding about the guilt and punishment, and the humanism.

It is not allowed to implement the penal law by analogy.

Article 2

Unlawful sentencing

No one may be sentenced for an act, which is not already explicitly provided for by law as an offence or a criminal contravention.

No one may be sentenced with a type and measure of punishment that is not provided for by law.

Article 3

Operation in time of the criminal law

No one may be sentenced for an act that, according to the law in effect at the time it was committed, did not constitute a criminal act.

A new law that does not incriminate2 a criminal act has retroactive effect. If the person has been sentenced, the enforcement of the sentence shall not commence and, if it has commenced, it shall cease.

If a law in force at the time when a criminal act has been committed differs from a subsequent law, the law whose provisions are more favorable to the person who has committed the criminal act shall apply.

2.Dënon (punishes) in the Albanian original.

Article 4

Ignorance of law

Ignorance of the law that punishes a criminal act does not constitute a cause for exclusion from criminal responsibility, unless the ignorance is objectively unavoidable.

Article 5

Territory of the Republic of Albania

The Republic of Albania’s territory in the sense of criminal law, is defined as the land space, the width of the territorial and internal sea waters, the air space extending over the land space and over the territorial and internal sea waters space as well as over any other place under the sovereignty of the Albanian State such as the residencies3 of the Albanian diplomatic and consular missions, the ships carrying the flag of the Republic of Albania, the ships belonging to the navy, [the carriers] of the military and civil aviation wherever they happen to be.

Article 6

The applicable law on criminal acts committed by Albanian citizens

As concerning criminal acts committed by Albanian citizens within the territory of the Republic of Albania, the criminal law of the Republic of Albania shall apply.

The criminal law of the Republic of Albania shall also be applicable to the Albanian citizen who commits an offence within the territory of another country4, when that offence is concurrently punishable, unless a foreign court has given a final sentence.

In the sense of this article, Albanian citizens shall also be considered those persons who apart from the Albanian citizenship hold another one too.

Article 7

The applicable law on criminal acts committed by foreign citizens

The foreign citizen who commits a criminal act within the territory of the Republic of Albania is held responsible on the basis of the criminal law of the Republic of Albania.

The criminal law of the Republic of Albania is also applicable to a foreign citizen who, outside of the Republic of Albania, commits one of the following offences against the interests of the Albanian State or an Albanian citizen:

a) crimes against humanity;

b) crimes against Albanian independence and its constitutional order;

c) terrorism;

d) organizing the prostitution, illegal trafficking of human beings, children and women, producing and illegally trafficking arms, drugs, other narcotic and psychotropic substances, nuclear substances, pornographic materials, and illegal traffic of art works, and objects that have historical, cultural, and archaeological values;

3.Seli in the Albanian original.

4.Shtet in the Albanian original.

e) hijacking airplanes or ships;

f) falsifying the Albanian state seal, Albanian currency, or Albanian bonds or stocks;

g) crimes which affect the life or health of Albanian citizens, to which the law provides for a punishment by imprisonment of five years or any other heavier punishment;

h) laundering of proceeds of crime.

i) The crimes of active and passive corruption committed by persons exercising public duties/functions, as well as in the private sector.

Article 8

Applicable law on criminal acts committed by a person without nationality

If a person who does not hold any nationality commits a criminal act within the territory of the Republic of Albania or an offence outside it, the provisions of Article 7 of this Code shall apply.

Article 9

Responsibility of a foreign citizen who enjoys immunity

Any case concerning the responsibility of a foreign citizen who commits a criminal act within the territory of the Republic of Albania and enjoys immunity according to international law is resolved diplomatically.

Article 10

Validity of criminal sentences of foreign courts

Unless otherwise provided for by bilateral or multilateral treaties, the criminal sentences of foreign courts on Albanian citizens who plead guilty of committing a criminal act are valid in Albania within the limits of the Albanian law, also on the following merits:

a) for the effect of qualifying as recidivist the person who has committed the criminal act;

b) to execute sentences comprising additional punishment;

c) for implementing security measures;5

d) for compensation of damages or other civil law effects.

Article 11

Extradition

5Masa të sigurimit in the Albanian original

Extradition may be granted6 only when explicitly provided for by international treaties where the Republic of Albania is a party.

Extradition shall be granted when both Albanian law and foreign law provide for the criminal act, which constitutes the object of the request for extradition, as such simultaneously.

Extradition shall not be granted:

a) if the person to be extradited is an Albanian citizen, unless otherwise provided for by the treaty;

b) if the criminal act constituting the object of the request for extradition is of a political or military nature;

c) when there is reasonable ground to believe that the person requested to be extradited will be persecuted, punished or wanted7 because of his political, religious, national, racial or ethnic beliefs;

d) if the person requested to be extradited has been tried for the criminal act for which a competent Albanian court demands the extradition.

CHAPTER II

CRIMINAL RESPONSIBILITY

Article 12

Age for criminal responsibility

A person bears criminal responsibility if, at the time he or she commits an offence, he or she has reached the age of fourteen.

A person who commits a criminal contravention bears responsibility at the age of sixteen.

Article 13

Causal connection

No one bears criminal responsibility if there is no causal connection between his action or inaction and the actual consequences or their probability to be realized.

Article 14

Guilt

No one shall be sentenced for an action or inaction that is provided for by law as a criminal offense if the latter is not guilty of committing the action or inaction.

A person is guilty if he commits the criminal act intentionally or because of negligence.

Article 15

Intention

6Lejohet (permitted) in the Albanian original.

7Kërkohet in the Albanian original.

A criminal act is committed intentionally when the person foresees the consequences of the criminal act and wants them to occur or, although he foresees but does not want them, consciously allows them to occur.

Article 16

Negligence

A criminal act is committed because of negligence when the person, although he does not want its consequences, foresees the possibility of their occurrence and with little consideration attempts8 to avoid them, or when he does not foresee the consequences, but according to the circumstances, he should and could have foreseen them.

Article 17

Irresponsibility because of the person’s mental state

A person does not bear criminal responsibility if, at the time of the commitment of the act, he suffered from psychic or neuropsychic disorders ruining his mental balance entirely and, consequently, was unable either to control his actions or omissions, or to understand the criminal act he was committing.

A person is responsible if, at the time of the commitment of the criminal act, he suffered from psychic or neuropsychic disorders which lowered his mental balance [and capacity] to understand and fully control his actions or inactions, but this circumstance will be considered by the court when deciding on the degree and the kind of punishment.

Article 18

Criminal act committed when inebriated

A person is not excluded from criminal responsibility if he commits the act while inebriated.

When the state of inebriation is accidental and brings about the lowering of mental balance, the court considers this circumstance for mitigating the sentence. When the person is intentionally9 inebriated in order to commit a criminal act, the court considers this circumstance for aggravating the sentence.

The above-mentioned rules are also applied when the criminal act is committed under the effect of narcotics or other stimulants.

Article 19

Necessary defense

A person bears no criminal responsibility if he commits the act while being compelled to protect his or somebody else’s life, health, rights and interests from an unfair, real and accidental attack, provided that the defense is proportionate to the dangerousness of the attack.

8 Shpreson, which is equivalent to hopes, in the Albanian original.

9Me paramendim (premeditatedly) in the Albanian original.

Obvious disproportion between them constitutes excessiveness over the limits of necessary defense.

Article 20

Extreme necessity

A person does not bear criminal responsibility if he commits the criminal act because of the necessity to confront a real and accidental danger which threatens him, another person or property from a serious damage which is not avoidable through other means, unless it has been instigated by him and the damage incurred is greater than the damage avoided.

Article 21

Exercising a right or fulfilling a duty

A person bears no criminal responsibility if he acts to exercise rights or fulfill duties determined by law or an order ruled by a competent authority, unless the order is obviously unlawful.

When the criminal act is committed as a result of an unlawful order, then the person who has given such an order shall be held responsible.

CHAPTER III

ATTEMPT

Article 22

The meaning of attempt

A criminal act is considered an attempt when, although the person undertakes straightforward actions to commit such criminal act, it is discontinued or is not completed due to circumstances independent of his will.

Article 23

Responsibility for the attempt

The person attempting to commit a crime shall be held responsible.

Considering the stage until the realization of the consequence, as well as the causes due to which the offence remained an attempt, the court may mitigate the sentence, and may lower it under the minimum provided for by law, or may decide for a kind of punishment milder than the one provided for by law.

Article 24

Giving up the commitment of a criminal act

A person bears no criminal responsibility if, on his own will and in a definite way, he declines to commit a criminal act, despite the opportunities he may have for committing the act.

In the case that the actions committed up to that time contain elements of another criminal act, the person shall be held responsible for the acts committed.

CHAPTER IV

COLLABORATION

Article 25

Meaning of collaboration

Collaboration is the agreement of two or more persons to commit a criminal act.

Article 26

Collaborators

Collaborators in committing a criminal act are considered: the organizers, executors, instigators, and helpers.

Organizers are those persons who organize and manage the activity to commit the criminal act.

Executors are those persons who carry out direct actions to realize the criminal act.

Instigators are those persons who instigate the other collaborators to commit a criminal act.

Helpers are those persons who, through advice, instructions, concrete means, abolition of obstacles, promises to hide collaborators tracks10 or things relevant to the criminal act, help to carry it out.

Article 27

Responsibility of collaborators

Organizers, instigators, and helpers bear the same responsibility as the executors for the criminal act committed.

In deciding the sentencing of collaborators, the court should consider the level of participation and the role played by everyone in committing the criminal act.

Article 28

Special forms of collaboration

1. Criminal organization is the highest form of cooperation that are composed of three or more persons and that can be distinguished by the special degree of organisation, structure, stability, duration, the purpose of committing one or more offences to gain material or non material benefits.

In fulfilling these goals the criminal organization uses the force, the other threatening means, the submission to and the silence on the organization because of the participation in it and the activity it performs, in order to commit crimes, in order to provide in any way the administration or putting under control of the economic activities, of the concessions, of the authorizations, of the public services or enterprises, in order to gain unjust benefits and advantages for themselves or for others or in order to stop or to hinder the free exercise of the right to vote during the electoral campaigns as well as other acts similar to them.

10Gjurmë in the Albanian original.

2. The terrorist organization is a special form of the criminal organization that aims at performing violent acts for terrorist purposes, such as the toppling of the constitutional order, of the serious troubling of the public order, of the provocation of massive fear and insecurity.

3. The armed gang is a special form of cooperation that, by possessing arms, military armaments and other necessary means, aims at the commission of criminal acts provided in Chapter V, VI and VII of the Special Part of this Code.

4. The structured criminal group is a special form of cooperation in which participate three or more persons, with the purpose of committing one or more crimes, that aim at achieving material as well as non-material benefits.

The structured criminal group for the commission of a crime is not established spontaneously and it is not necessary that it be distinguished for consistent membership, division of duties, elaborated structure and organization.

5. Creation and participation in a criminal organization, terrorist organization, armed gang, or structured criminal group constitute a crime and are punished according to the provisions of the special part of this law or other special criminal provisions.

6. Members of the criminal organisation, of the terrorist organization, of the armed gang, or of the structured criminal group are liable for all the criminal offences committed by them in fulfilling their criminal activity.

7. The member of the criminal organization, of the terrorist organisation, of the armed gang, or of the structured criminal group, benefits exemption from sentencing or a reduction of the sentence, when he provides a contribution that is deemed as decisive for receiving knowledge on their activity, of the other collaborators, on wealth owned directly or not by them, as well as on the investigative activities, conducted on the criminal organizations, on terrorist organizations, armed gangs and structured criminal groups.

CHAPTER V

PUNISHMENTS

Article 29

Principal punishments

The following punishments shall apply to the offenders:

1. Capital punishment or life imprisonment;

2. Imprisonment;

3. Fine.

A person who has committed a criminal contravention shall suffer the following principal punishments:

1. Imprisonment;

2. Fine.

Sentence with imprisonment or fine are given together, when provided in the respective dispositions of this Code

Article 30

Supplementary punishments

Besides the principal punishment, a person who has committed offences or criminal contravention may also be punishable by one or some of the following supplemental punishments:

1. Denial of the right to public functions;

2. Confiscation of criminal offence committal means and criminal offence proceeds;

3. Ban on driving;

4. Stripping off decorations, honorary titles.

5. Deprivation of the right to exercise a profession or skill;

6. Deprivation of the right to undertake leading positions related to juridical persons;

7. Denial of the right to stay11 in one or some administrative units;

8. Expulsion from the territory;

9. Compulsion to make the court sentence public.

In particular cases, when the criminal punishment is deemed to be inappropriate and when the law provides for imprisonment up to 3 years or other lighter punishments, the court may decide only for the supplementary sentence.

Article 31

Life imprisonment or capital punishment

The court decides for life imprisonment when a serious offence has been committed.

Life imprisonment is not applied to persons who, at the time when the offence is committed, were younger than eighteen years old or are women.

Life imprisonment is provided for at the Special Part of this Code.

Article 32

Imprisonment

Imprisonment sentences for offences committed range from five days to twenty-five years.

Imprisonment sentences for criminal contravention range from five days to two years.

11Qëndroj in the Albanian original.

Article 33

The manner of serving life imprisonment and ordinary imprisonment

Life imprisonment and [ordinary] imprisonment are served at special institutions set up specifically for this purpose.

The rules concerning the manner of serving the sentence of imprisonment, and the prisoner’s rights and duties are defined by law.

Juveniles serve imprisonment sentences in institutions12 separated from those of the adults.

Women serve imprisonment sentences in institutions13 separated from those of men.

Article 34

Fines

Fines consist of paying to the state an amount of money within the range provided for by law.

Fines are imposed upon persons who commit an offence or a criminal contravention.

Persons who commit an offence are fined in the range of 100,000 leke up to 10,000,000 lekë.

Persons who commit a contravention are fined in the range of 50,000 leke up to 5,000,000 lekë.

For the persons, who commit crimes motivated by the wealth benefits or other material benefits, if the penal provisions include only imprisonment, the court could also punish by fines ranging from 100,000 leke up to 3,000,000 leke

The fine must be paid within the deadline fixed by the court.

The court, while considering the economic status of the defendant14, may allow him to pay his fine by installments, fixing their amount and the terms of the payment.

When the fine is not paid in due time, the court decides on replacing the fine with imprisonment, calculating 5,000 lekë per one day of imprisonment.

When the fine is imposed for an offence committed, its replacement with imprisonment cannot exceed three years, whereas when it is imposed for a criminal contravention, the replacement cannot exceed one year of imprisonment, but always without exceeding the maximum of imprisonment provided for by the relevant disposition

When the person convicted as above pays off his fine during the imprisonment term, the court revokes its sentence, making calculations according paragraph 7 of this Article.

Article 35

The removal of the right to exercise public functions

The removal of the right to exercise public functions for a period of no less than five years is obligatorily given on a person, who has committed an office-related crime by abusing with his public function, or has committed a crime, which the courts punishes with an imprisonment sentence of no less than 10 years.

12In the Albanian original it is used the term vende, equal to places in English.

13In the Albanian original it is used the term institucione.

14I dënuar in the original.

The removal of the right to exercise public functions can be applied for a period from three to five years for cases on which the court has given a sentence of 5 to 10 years of imprisonment, and from 1 to 3 years, when the sentence given is up to three years of imprisonment.

Article 36

Confiscation of means for committing the criminal offence and criminal offence proceeds

1. Confiscation is given necessarily by the court and has to do with reception and release in the state’s favor:

a) to the objects that have served or are specified as means for committing the criminal offence;

b) of criminal offence proceeds, where is included any kind of asset, as well as legal documents or instruments verifying other titles or interests in the asset waiting upon or gained directly or indirectly form the criminal offence committal;

c) of the promised or given remuneration for committing the criminal offence;

ç) of any other asset, whose value corresponds to the criminal offence proceeds;

d) of objects, whose production, use, holding or their alienation make a criminal offence, and when the sentence decision is not given;

2. If the criminal offence’s proceeds are transformed or partly or fully converted into other assets, the latter is subject to confiscation;

3. If criminal offence’s proceeds are joined with assets gained legally, the latter are confiscated up to the value of the criminal offence proceeds;

4. Subject to confiscation are also other income or profits from the crime proceeds, from assets that are transformed or altered to criminal offence proceeds, or from assets with which these proceeds are involved, in the same amount and manner as the criminal offence proceeds.

Article 37

Ban on driving

Ban on driving is imposed by the court for a period within the range of one to five years, toward persons who have committed a criminal act, when it is deemed that it will have a preventative effect or is linked to the nature of the act committed.

Article 38

Stripping decorations and honorary titles

A person is stripped of decorations and honorary titles if he commits a criminal act punishable by imprisonment and it is deemed that maintaining them does not comply with the nature of the criminal act committed.

Stripping decorations and honorary titles shall be permanent if the person is sentenced for an offence for more than ten years of imprisonment, and shall endure from one to five years, if he is sentenced up to ten years of imprisonment.

Article 39

Deprivation of the right to exercise an activity or skill

The deprivation of the right to exercise an activity or skill is the prohibition of the convicted to undertake the activity or skill for which a special permission, certificate, authorization, or license has been granted by the competent authority.

Deprivation of the right to exercise an activity or skill shall endure from one month to five years and is a result of any punishment for criminal acts committed through abusing them.

Article 40

Deprivation of the right to undertake leading positions

Deprivation of the right to undertake leading positions within the context of juridical persons denies the convicted the right to exercise the duty of director, administrator, manager, liquidator, or perform any other duty relevant to the qualification of the representative of a juridical person.

Deprivation of the right to undertake leading positions within the context of a juridical person is a result of any punishment for criminal acts and is provided for a period of time ranging from one month to five years, when the convicted has abused his authority or has acted in violation of the rules and regulations related to his duty.

When the sentence given by the court is no less than five year imprisonment, this right could be removed for a period of five to 10 years.

Article 41

Denial of the right to stay in one or more administrative units

The denial of the right to stay in one or more administrative units is decided by the court for a period of time ranging from one to five years, when it is deemed that the convicted stay in those areas constitutes a danger for the public security.15

Article 42

Expulsion from the territory

Expulsion from the territory of the Republic of Albania is decided by the court toward a foreign citizen or person without nationality who commits an offence, and it is deemed that his further stay in the territory of the Republic of Albania should no longer continue.

15Sigurim publik in Albanian original.

The court may revoke the decision through the request of the convicted, when the foreign citizen or the person without nationality gains Albanian citizenship.

Article 43

Publication of court sentences

The court decides the publication of the court sentence when it deems that the disclosure of the content of the sentence interests juridical and physical persons.

The publication of the court sentence consists of compelling the convicted to publish the court decision, at his own expenses, in one or some newspapers or RTV stations, in its entirety or partially, according to the ruling of the court.

The court decides the publication date and the length of time.

The press and mass media are obliged to publish the court sentences sent by the court.

The publication of court sentences is not granted when the divulgence of a state secret is threatened, the private life of people is violated or public moral is afflicted.

Article 44

The manner of serving supplementary punishments

If the court, in addition to the imprisonment punishment, gives one or some supplementary punishments provided for in Article 30 of this Code, their implementation commences simultaneously.

As for the paragraphs 1, 3, 5, 6, 7 and 8 of Article 30 of this Code, their implementation commences after the completion of the imprisonment. The rights of the convicted afflicted by the supplementary punishments may not be enjoyed during the period of imprisonment.

Article 45

The Application of the criminal law on legal persons/entities

The legal persons, with the exception of the state, are criminally responsible for crimes performed by their agencies or representatives on behalf of or for the benefit of them.

The bodies of local government are criminally responsible only for the actions performed during the exercise of their activity that may be exercised by the delegation of public services.

The criminal responsibility of the legal persons does not exclude that of the physical persons that have committed crimes or are collaborators for the commission of the same crimes.

The criminal offences and the sanctioning measures taken against the judicial entities, as well as the procedures for the approval and application of these measures are regulated by a special law.

Article 46

Medical and educational sanctions

The court may decide medical sanctions toward irresponsible persons who have committed criminal activity, whereas educational sanctions may be decided toward minors who are excluded from punishment or, because of their age, do not bear criminal responsibility.

Medical sanctions are the following:

1. Compulsory medical treatment at a medical clinic;

2. Compulsory medical treatment in a medical institution;

Educational sanctions are the following:

1. Placement of a minor in an institution for education.

The court can revoke, at any time, the sentence of medical or educational sanctions if the circumstances under which they were taken cease to exist, but, in any case, the court is obliged ex officio to reconsider its decision after one year from the date of the court sentence.

The rules relevant to revoking the court sentence, which contained medical and educative sanctions, are provided for in the Code of Criminal Procedure.

CHAPTER VI

DETERMINATION OF PUNISHMENT

Article 47

Determination of punishment

The court determines the punishment in compliance with the provisions of the general part of this code and the limits of punishment on criminal acts provided for by law.

In determining the range of punishment against a person the court considers the dangerousness of the criminal act, the dangerousness of the person who committed the act, the level of guilt, as well as both mitigating and aggravating circumstances.

Article 48

Mitigating circumstances

The following circumstances mitigate the punishment:

a) When the act is committed due to positive moral and social values;

b) When the act is committed under the effect of a psychiatric disorder caused by provocation or the unfair acts of the victim or some other person;

c) When the act is committed under the influence of wrong actions or instructions of a superior;

ç) When the person who has committed the act shows deep repentance;

d) When the person has compensated for the damage caused by the criminal act or has actively helped to eliminate or decrease its consequences;

dh) When the person gives himself over to the competent authorities after committing the criminal act;

e) When the relationship between the offender and the victim has improved to normality.

Article 49

[No title in the original]

Regardless of the circumstances mentioned in Article 48 of this Code, the court may also consider other circumstances as long as it deems them as such to justify the lowering of the sentence.

Article 50

Aggravating circumstances

The following circumstances aggravate the punishment:

a) When the act committed is based upon weak motives;16

b) When the act is committed for the purpose of making responsible or hiding the criminal responsibility of a third person, or for avoiding the sentencing for another criminal act, or to realize, or to provide wealth benefits for yourself or for third parties, or any other material benefit;

c) When the criminal act is committed savagely and ruthlessly;

ç) When an offence is committed after a sentence was decided for a previous offence;

d) When actions that aggravate or increase the consequences of a criminal act are committed;

dh) the commission of the crime by abusing the public office or the religious service.

e) When the act is committed against children, pregnant women, or other people who, for different reasons, cannot protect themselves;

f) When the act is directed against representatives of other states;

g) When the act is committed by taking advantage of family, friendship, or hospitable relations;

gj) When the act is committed in collaboration;

h) Committing the penal act more than once;

i) When the act is perpetrated using weapons, military ammunitions, substances classified as explosives, burning materials, poison, and radioactive.

Article 51

Imprisonment sentencing of minors

For minors, who at the time they committed the criminal act were under 18 years old, the imprisonment sentence may not exceed half of the term of punishment provided for by law for the criminal act committed.

16Motive të dobta in the Albanian original.

Article 52

Excluding minors from punishment

The court, considering the lack of dangerousness of the criminal act, estimating the concrete circumstances under which it was committed, and the previous behavior of the minor, may exclude him from punishment.

In this case the court may decide to place the minor to an educational institution.

Article 53

Sentencing under the minimum provided for by law

In special cases, when the court deems that both the act and the person who committed it are of small dangerousness and there are mitigating circumstances, the court may sentence under the minimum or may decide a punishment milder than the one provided for in the respective provision.

Article 54

Accepting to pay the fine

As concerns criminal contravention for which, besides the fine, an imprisonment sentence is also provided, the court, upon the request of the person who committed the criminal contravention, may decide to accept his lump sum payment in favor of the state budget, equal to half of the maximum fine provided for criminal contravention by the General Part of this Code.

The request may be presented at any stage of the trial proceedings before the final sentence [at the court] of first instance.

When the court rejects such a request, it sentences [the defendant] for the act committed.

The request is not accepted for persons previously convicted also for criminal contravention.

Article 55

Sentencing for more than one criminal act

When actions or non-actions contain elements of more than one criminal act, and when the person has committed more than one criminal act for which no sentence has been given, the court first sentences every criminal act separately, giving a single sentence at the end, which consists of the heavier added sentence.17

The heavier added sentence may exceed neither the total sum of the punishments determined separately nor the maximum provided for the type of the sentence given.

When the court deems that committing more than one crime does not demonstrate the serious dangerousness of the defendant18, it may give as a final sentence the heaviest punishment provided for one of the criminal acts.

17Dënimi më I rëndë I shtuar according to the Albanian original.

In giving its final decision, the court sentences one or more than one of the supplementary punishments given separately for each particular crime.

Article 56

Concurrence of sentences

If before serving the full sentence, the convicted is sentenced for a criminal act committed prior to the sentencing, the rules of the previous article shall apply, and the already served portion will be calculated into the new sentence.

When the convicted commits a new criminal act after his sentencing, but before the full term of the sentence is served, the court concurs the new sentence with the remaining portion of the previous term, according to the rules provided for in Article 55 of this Code.

Article 57

Detention

Detention period is calculated in imprisonment, fine, or work in the public interest as follows:

One day of detention equals to one day and a half of imprisonment.

One day of detention equals to a fine of 5,000 lekë.

One day of detention equals to eighteen hours work in public interest.

CHAPTER VII

ALTERNATIVES TO IMPRISONMENT

Article 58

Fragmentation of imprisonment

For punishments up to one year of imprisonment, if the court notices grave family, medical, professional, or social circumstances, it may decide that the sentence be executed fragmentarily but for not less than two days per week.

In any case, the execution of the sentence must be completed within three years.

The court revokes the fragmentary sentence when these circumstances cease to exist, or when the convicted violates the obligations defined in the sentence.

Article 59

Suspending the execution of a sentence

If the person and the circumstances under which the criminal act was committed are of little dangerousness the court, while sentencing up to five years of imprisonment, may rule that the convicted be put on probation, thus suspending the execution of the sentence, provided that during the probation he will not commit any other criminal act equally serious or more serious than the previous one.

18Fajtor in the Albanian original.

Probation extends from eighteen months to five years.

Article 60

Sanctions against the convicted under probation

The court may compel the convicted under probation to meet one or some of the following sanctions:

1. To exercise a professional activity or to gain professional education or training.

2. To pay family pensions in due time.

3. To compensate for torts.

4. To be banned from driving certain vehicles.

5. To be forbidden to exercise a professional activity if the criminal act relates to such activity.

6. To be forbidden from certain places.

7. To be forbidden from shops serving alcoholic beverages.

8. To stay in his residence during certain hours.

9. To avoid the company of determined persons, mainly convicts or collaborators of the criminal act.

10. Not to carry weapons.

11. To be subjected to medical treatment against alcohol and narcotics.

Article 61

Convicted’s obligations during probation

During probation the convicted is obliged:

1. To respond to calls and demands of the legal organs supervising probation.

2. To inform the supervising organs of probation of work-related changes.

3. To obtain permission from the supervising organs of probation for any changes of residence or job, or visits abroad.

Article 62

Revoking the sentence on suspending through

If, during the term of probation, the convicted commits a criminal act of the same degree or even a more serious act than the previous one, the court shall revoke the suspending decision.

Revoking is made even when the convicted, without having reasonable cause, has not met the measures and sanctions mentioned in Articles 60 and 61 of this Code, which were imposed upon him.

When the suspending decision is not revoked, the [first] sentence given is considered void.

Article 63

Suspension of imprisonment and compulsion to perform labor in favor of public interest

The court may suspend the imprisonment sentence if the latter is less than one year, and replace it with the compulsion to perform labor in favor of the public interest, if the person and the circumstances under which the criminal act was committed are of little danger.

Labor in favor of the public interest extends from forty to two hundred and forty hours and consists of compelling the convicted to perform unpaid labor in favor of the public interest or to the benefit of an organization as nominated in the court verdict.

The compulsion may not be ruled if the convicted refuses the suspension during the court hearing.

Labor in favor of the public interest is performed within a six-month term.

In its sentence the court determines the working hours, as well as the days of week when the labor will be performed.

After the labor is accomplished, the sentence is considered non-existent.

This kind of suspension is enforced according to the rules defined in Articles 61 and 62 of this Code.

Article 64

Early release on parole

The prisoner could be released earlier and on bail only for specific reasons, if by his behavior and work tells that by the time of punishment, the purpose of his education is fulfilled, and when he has spent:

- not less than half of punishment time given for penal transgression;
- not less than 2/3 of the punishment given for committing the crimes punishable by imprisonment up to 5 years;
- not less than ¾ of the punishment for crimes that have the punishment by imprisonment from 5 to 25 years; In the time spent in jail, the timing benefited by amnesty or forgiveness is not counted. It is not allowed to release early and on bail a recidivist convicted for deliberately committed crimes. Early and on bail release is revoked by the court, when the convict of a deliberately committed crime, during on bail period, perpetrates another penal act (on purpose), as much serious or more serious than the first one; in this case, the dispositions of blending the punishments could be applied.

Article 65

[No title in the original]

A convicted serving life imprisonment is deprived of the right to early release on parole.

Only in extraordinary circumstances may the convicted serving life imprisonment be released on parole, [and precisely when]:

He has served no less than twenty-five years of imprisonment and, during the period serving his sentence, has had excellent behavior and it is deemed that the educational aim has been achieved.

CHAPTER VIII

CESSATION OF CRIMINAL PROSECUTION, PUNISHMENTS, AND THEIR NON-EXECUTION

Article 66

Statute of limitations for criminal prosecution

Criminal prosecution shall not be conducted if, from the moment the act was committed until the moment that the person is held defendant, have elapsed:

a) twenty years on offences for which the law provides sentences of no lower than ten years of imprisonment or other heavier punishment.

b) ten years on offences for which the law provides sentences between five and ten years of imprisonment;

c) five years on offences for which the law provides sentences up to five years of imprisonment or fine;

ç) three years for criminal contraventions that provide sentences up to two years of imprisonment;

d) two years for criminal contraventions that provide fines.

Article 67

Non-operation of the statute of limitations on criminal prosecution

There is no statute of limitation operative for the criminal prosecution against war crimes and crimes against humanity.

Article 68

Statute of limitations on the execution of sentences

The sentence is not executed if from the day it became final have elapsed:

a) twenty years for imprisonment sentences between fifteen to twenty-five years;

b) ten years for imprisonment sentences between five to fifteen years;

c) five years for imprisonment sentences of up to five years or other lighter sentences.

Article 69

Nullification of sentencing

The sentencing of the following is considered null and void the sentencing of:

a) those who are convicted with imprisonment sentences less then six months or with any other lighter sentence, who have not committed any other criminal act for two years since the [last] day of their served sentence.

b) those who are convicted of imprisonment sentences ranging from six months up to five years and who have not committed other criminal act for five years since the [last] day of their served sentence

c) those who are convicted of imprisonment sentences ranging from five to ten years and who have not committed any other criminal act for seven years since the [last] day of their served sentence.

ç) those who are convicted of imprisonment sentences ranging from ten to twenty-five years and who have not committed any other criminal act for ten years since the [last] day of their served sentence.

Article 70

Pardon

Through the act of pardoning the competent authority either excludes the person completely or partially from serving the court sentence or substitutes the sentence with a lighter one.

Article 71

Amnesty

Through the act of amnesty the competent authority excludes a person from criminal prosecution, from serving the sentence completely or partially, or substitutes the sentence with a lighter one.

Amnesty includes all those criminal acts committed up to one day prior to its announcement unless otherwise provided for by the respective act.

Article 72

Applicability of provisions of the General Part

The provisions of the General Part of this Code shall also apply to other criminal acts provided for as such by special laws.

SPECIAL PART

CHAPTER I

CRIMES AGAINST HUMANITY

Article 73

Genocide

The execution of a premeditated plan aiming at the total or partial destruction of a national, ethnic, racial or religious group directed towards its members, and combined with the following acts, such as: intentionally killing a group’s members, serious physical and psychological harm, placement in difficult living conditions which cause physical destruction, applying birth preventing measures, as well as the obligatory transfer of children from one group to another, is sentenced with no less than ten years of imprisonment, or with life imprisonment.

Article 74

Crimes against humanity

Homicides, exterminations, using as slaves, deportations and exiles, and any kind of torture or other human violence that are committed by a pre-meditated concrete plan, against a group of civil population for political, ideological, racial, ethnic and religious motives; all are punishable by non less than 15 years in jail or by life in prison.

Article 75

War crimes

Acts committed by different people in war time such as murder, maltreatment or deportation for slave labor, as well as any other inhuman exploitation to the detriment of civil population or in occupied territory, the killing or maltreatment of war prisoners, the killing of hostages, destruction of private or public property, destruction of towns, commons or villages, which are not ordained from military necessity, are sentenced with no less than fifteen years of imprisonment, or life imprisonment.

CHAPTER II

OFFENCES AGAINST THE PERSON

CRIMES AGAINST LIFE

SECTION I

CRIMES AGAINST LIFE COMMITTED INTENTIONALLY

Article 76

Murder

The person convicted of murder shall be punishable by a term of ten to twenty years of imprisonment.

Article 77

Murder connected to another crime

The act of murder, which is committed before, along, or after another crime, shall be punishable by imprisonment for not less than 20 years.

Article 78

Premeditated homicide

Pre-meditated homicide is punished by imprisonment from 15-25 years.

Homicides committed for interest, revenge or blood feud, are punished by imprisonment not less than 20 years or by life in prison.

Article 79

Homicides committed in other specific circumstances

Deliberate homicide committed:

a) against minors;
b) against physical or psychic handicap persons, very ill persons or pregnant women, when the victim’s attributes are evident or known;
c) against the MP (deputy), judge, prosecutor, layer, policeman, military officer, other public officials, when they are carrying out their duty or because of their duty, when the victim’s attributes are evident or known;

ç) against the denouncer, witnesses, victims or other judicial elements/parties;

d) more than once;

dh) against two or more persons;

e) in such a manner that causes particular suffers to the victim;

ë) in a dangerous way regarding the life of many persons is punished by imprisonment not less than 20 years or by life in prison.

Article 80

[No title in original]

Providing the [necessary] conditions and material means for committing the murder shall be punishable by an imprisonment term of up to five years.

Article 81

Infanticide

The infanticide voluntarily committed by a mother right after birth is considered criminal contravention and shall be punishable by a fine or up to two years of imprisonment.

Article 82

Homicide committed in a state of profound psychiatric distress19

Homicide committed intentionally in a sudden state of profound psychiatric distress caused by violence or serious offense to the victim is sentenced up to eight years of imprisonment.

Article 83

Homicide committed through the use of excessive force for self-defense

Homicide committed through the use of excessive force for self-defense is sentenced up to seven years of imprisonment.

Article 83/a

19Tronditje e fortë psiqike in the Albanian original.

Serious threat/ intimidation (kanosje) on the ground of revenge or blood feud

Serious intimidation for revenge or blood feud, against a person or a minor/child (in order to have him immobilized within a premises) is condemned by fine or imprisonment up to three years.

Article 84

Threat

Serious threat to cause death or grave personal harm to someone constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

SECTION II

OFFENCES AGAINST THE PERSON COMMITTED BY NEGLIGENCE

Article 85

Manslaughter20

Homicide because of negligence is punishable by a fine or up to five years of imprisonment.

SECTION III

CRIMINAL ACTS INTENTIONALLY COMMITTED AGAINST HEALTH

Article 86

Torture

Torture, as well as any other degrading or inhuman treatment, is punishable by five to ten years of imprisonment.

Article 87

Torture resulting into serious consequences

Torture, like any other degrading or inhuman treatment, when it has inflicted handicap, mutilation or any permanent harm to the well-being of a person, or death, is punishable by ten to twenty years of imprisonment.

Article 88

Serious intentional injury

Serious intentional injury inflicting handicap, mutilation or any other permanent detriment to the health, or inflicting interruption of pregnancy, or which has been dangerous to the life at the moment of its inducement, is punishable by three to ten years of imprisonment.

20Vrasja nga pakujdesia (Negligent homicide) in the Albanian original.

When the same act is committed against a group of people, or causes death, it is punishable by five to fifteen years of imprisonment.

Article 88/a

Serious wounding under the conditions of hard psychic shock

Serious wounding, committed under the conditions of momentary hard psychic shock, caused by the victim’s violence or serious offence, is condemned by imprisonment up to 5 years.

Article 88/b

Serious wounding by transcending the limits of necessary defense

Serious wounding, transcending the limits of necessary defense, is condemned by imprisonment up to three years.”

Article 89

Non-serious intentional injury

Intentional injury, inflicting temporary work incapacity of no longer than nine days, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 89/a

The trade of human organs, as well as every action that relates to illegal removal or implantation of the organs is sentenced with imprisonment from 3 up to 10 years.

These very acts, when committed for profit reasons, are punishable by imprisonment from 10 up to 20 years".

Article 90

Other intentional harm

Assault as well as any other violent act, constitutes criminal contravention and is punishable by a fine.

The same act, when causing temporary work incapacity of up to nine days, constitutes criminal contravention and it is punishable by a fine or up to six months of imprisonment.

SECTION IV

CRIMINAL ACTS AGAINST HEALTH DUE TO NEGLIGENCE

Article 91

Serious injury due to negligence

Serious injury due to negligence constitutes criminal contravention and is punishable by a fine or to up to one year of imprisonment.

Article 92

Non-serious injury due to negligence

Non-serious injury due to negligence constitutes criminal contravention and is punishable by a fine.

SECTION V

CRIMINAL ACTS ENDANGERING THE LIFE AND HEALTH BECAUSE OF INTERRUPTION OF PREGNANCY OR REFRAINING FROM PROVIDING HELP

Article 93

Interruption of pregnancy without the woman’s consent

Interruption of pregnancy without the woman’s consent, except those cases when interruption is imposed because of a justified health-related cause, is punishable by a fine or up to five years of imprisonment.

Article 94

Interruption of pregnancy conducted in unauthorized places by unlicensed persons

Interruption of pregnancy which is not conducted in public hospitals or specifically licensed private clinics, or by a person who is not doctor, or after the time allowed for the interruption except in the case when this is imposed because of a justified health-related cause, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

If the act has caused [serious] danger to the life or resulted to death, it is punishable by a fine or to up to five years of imprisonment.

Article 95

Providing the utensils for interruption of pregnancy

Providing the utensils which serve for interruption of pregnancy of a woman in order to have either her or somebody else interrupt the pregnancy, constitutes criminal contravention and is punishable by a fine or to up to one year of imprisonment.

Article 96

Incorrect medication

Incorrect medication of patients from the doctor or other medical staff, as well as non-implementation of the therapy or the orders of the doctor from the medical staff or pharmacist, when it has caused serious harm to the health, has endangered the life of the person or has caused his death, is punishable by a fine or up to five years of imprisonment. This very act, when it has caused the patients’ infection by HIV/AIDS, is punished by imprisonment from 3 to 7 years

Article 97

Refraining from providing help

Refraining from providing help without reasonable cause by the person who either legally or because of his capacity was obliged to provide, is considered criminal contravention and is punishable by a fine or to up to two years of imprisonment when, as its consequence, serious harm to the health, endangerment to life or death resulted.

Article 98

Refraining from providing help by the captain of a ship

Refraining from providing help by the captain of a ship to the people who are drowning in the sea or in other waters, when this help could have been provided without causing serious danger to the ship, crew and passengers, is punishable by a fine or up to four years of imprisonment.

Article 99

Causing suicide

Causing suicide or a suicide attempt by a person because of the systematic maltreatment or other systematic misbehaviors which seriously affect the dignity [of the person], committed by another person under whose material dependence or any other dependence the former person is subject, is punishable by a fine or up to five years of imprisonment.

SECTION VI

SEXUAL OFFENCES

Article 100

Sexual or homosexual relations/ intercourse with minors/children

Having sexual or homosexual relations with children that are less than 14 years old or with a female child, who is not sexually matured, is punished by imprisonment from 7 to 15 years.

When the sexual or homosexual intercourse was done with accomplices, more than once or by violence, or when the child victim had serious health consequences; this is punished by imprisonment from 15 to 25 years.

When that act brought as a consequence the minor’s death or suicide, this is punished by imprisonment not less than 20 years.

Article 101

Sexual or homosexual intercourse by violence with a minor who is 14-18 years old

Having sexual or homosexual relations by violence with children that are 14 to 18 years old or with a female child, who is sexually matured, is punished by imprisonment from 5 to 15 years.

When the sexual or homosexual intercourse by violence was done with accomplices, more than once, or when the child victim had serious health consequences; this is condemned by imprisonment from 10 to 20 years.

When that act brought as a consequence the minor’s death or suicide, this is sentenced by imprisonment not less than 20 years.”

Article 102

Nonconsensual sexual intercourse with mature/ adult women

Nonconsensual sexual intercourse with mature women is punishable by three to ten years of imprisonment.

When the sexual intercourse by violence is done with accomplices, more than once, or when the victim had serious health consequences; this is condemned by imprisonment from 5 to 15 years.

When the act has caused the death or suicide of the aggrieved person, it is punished with imprisonment for a term of from ten to twenty years.

Article 102/a

Homosexual relations by violence with adults

Having homosexual relations by violence with adults is punished by imprisonment from 2 to 7 years.

When the homosexual intercourse by violence is done with accomplices, or more than once, or when the victim had serious health consequences; this is condemned by imprisonment from 5 to 10 years.

When that act resulted in the death or suicide of the damaged one, this is punished by imprisonment from 10 to 20 years

Article 103

Sexual or homosexual relations with persons who are unable to defend themselves

Having sexual or homosexual relations, by taking advantage from physical or mental inability of the person, or, from any unconscious condition, is punished by imprisonment from 5 to 10 years.

When the sexual or homosexual intercourse is done with accomplices, or more than once, or when the victim had serious health consequences; this is sentenced by imprisonment from 7 to 15 years.

When that act resulted in the person’s death or suicide, this is condemned by imprisonment from 10 to 20 years

Article 104

Sexual or homosexual relation by intimidation of using a weapon

Sexual or homosexual intercourse by intimidating the person with the immediate/ instant use of a weapon, is condemned by imprisonment from 5 to 15 years

Article 105

Sexual or homosexual relations by job/position misappropriation

Sexual or homosexual relations by misappropriating the relations of dependence and job position is condemned by imprisonment up to three years

Article 106

Sexual or homosexual intercourse with persons that are related (of the same blood) or persons under custody

Having sexual or homosexual intercourse between parents and children, brother and sister, between brothers, sisters, between persons that are related in a straight line or with persons that are under custody or adoption, is sentenced by imprisonment up to seven years

Article 107

Intercourse in public places

Sexual or homosexual intercourse in public places or in places exposed to the sight of people constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

Article 108

Serious immoral acts21

Serious immoral acts conducted with minors under the age of fourteen are punishable by up to five years of imprisonment.

SECTION VII

CRIMINAL ACTS AGAINST PERSON’S FREEDOM

Article 109

Kidnapping or keeping hostage a person

Kidnapping or keeping hostage a person in order to gain wealth or any other benefit, prepare/facilitate conditions for committing a crime, help in hiding or departure of perpetrators or collaborators of a crime, avoid the punishment, blackmail, for political or other reasons, is condemned/ sentenced by imprisonment from 10 to 20 years and with a fine from 2 million to 5 million leke.

21Vepra të turpshme in the Albanian original.

This very act, committed against a minor under 14 years old, is punished by imprisonment not less than 15 years and with a fine of 3 million to 7 million leke.

Kidnapping or keeping hostage a person or a minor under 14 years old, preceded or accompanied by physical or psychic tortures, when it is committed against some persons or more than once, is condemned/ sentenced by imprisonment not less than 20 years, and when it resulted in death, by life in prison as well as with a fine of five million to ten million leke.

Article 109/a

Kidnapping or keeping hostage a person in lenitive/alleviating circumstances

When the kidnapped or hostage person is voluntarily released, less than 7 days from the day he was kidnapped or kept hostage, without fulfilling the crime’s purpose and, when against the person is not wielded any torture or there are no health damages, is sentenced by imprisonment from three to five years

Article 109/b

Forcing through blackmail or violence for submission of the wealth (Extortion)

Forcing through blackmail or violence in order to perform or to fail to perform a certain action, in order to unjustly gain wealth or any other benefit, for themselves or for third persons, is sentenced with imprisonment from 2 to 8 years and with a fine from 600,000 Leke to 3 million Leke.

The same crime, when committed by using or by threatening to use the gun, the torture, inhuman and humiliating acts which have caused damages of the health, are sentenced with prison from 7 years to 15 years and with a fine of two million up to 5 million leke.

When the crime has brought about the death, it is sentenced with life imprisonment and with a fine of 5 million to 10 million leke.

Article 110

Unlawful detention

Unlawful detention of a person constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

When this act is accompanied by great physical suffering, committed with accomplices, against some persons or more than once, is punished by imprisonment from three to seven years

Article 110/1

Trafficking in Persons

The recruitment, transport, transfer, hiding or reception of persons through threat or the use of force or other forms of compulsion, kidnapping, fraud, abuse of office or taking advantage of social, physical or psychological condition or the giving or receipt of payments or benefits in order to get the consent of a person who controls another person, with the purpose of exploitation of prostitution of others or other forms of sexual exploitation, forced services or work, slavery or forms similar to slavery, putting to use or transplanting organs, as well as other forms of exploitation, are punished with imprisonment of from five to 15 years and with a fine of from two million to five million lek.

The organization, management and financing of the trafficking of persons is punished with imprisonment of from seven to 15 years and with a fine of from four million to six million lek.

When this offence is committed in collaboration or more than once, or is accompanied by mistreatment and making the victim commit various actions through the use of physical or psychological force, or brings serious consequences to health, is punished with imprisonment of no less than 15 years and with a fine of from six million to eight million lek.

When the offence has brought about the death of the victim as a consequence, it is punished with imprisonment of no less than 20 years or with life imprisonment, as well as with a fine of from seven million to 10 million lek.

When the criminal offence is committed through the utilization of a state function or public service, the punishment of imprisonment and the fines are increased by one fourth of the punishment given.

Article 111

Hijacking planes, ships and other means

Hijacking planes, ships and other means of transportation that carry people through violence or by threatening with arms or other means is punishable by ten to twenty years of imprisonment.

Article 112

Breaking and entering into someone’s house

Breaking and entering into someone’s house without his consent constitutes criminal contravention and is punishable by a fine or up to three months of imprisonment.

Committing the act forcefully or by threat of gunpoint constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

SECTION VIII

Criminal acts against morality and dignity

Article 113

Prostitution

Prostitution is punishable by a fine or up to three years of imprisonment.

Article 114

Exploitation of prostitution

Inducing prostitution, mediating or gaining from it is punishable by a fine or up to five years of imprisonment.

Article 114/a

Exploitation of prostitution with aggravated circumstances

When exploitation of prostitution is committed:

1. with minors;
2. against some persons;
3. with persons within close consanguinity, in-laws or custodial relations or by taking advantage of an official rapport;
4. with deception, coercion, violence or by taking advantage of the physical or mental incapability of the person;
5. against a person that has been forced or coerced to exercise prostitution out of the territory of the Republic of Albania;
6. It is committed with accomplices or more than once or by persons who have state and public functions/duties;

is punished from 7 up to 15 years imprisonment.

Article 114/b

Trafficking of Women

The recruitment, transport, transfer, hiding or reception of women through threat or use of force or other forms of compulsion, kidnapping, fraud, abuse of office or taking advantage of social, physical or psychological condition or the giving or receipt of payments or benefits, in order to get the consent of a person who controls another person, with the purpose of exploitation of prostitution of others or other forms of sexual exploitation, forced services or work, slavery or forms similar to slavery, putting to use or transplanting organs, as well as other forms of exploitation, are punished with imprisonment of from seven to 15 years and with a fine of from three million to six million lek.

The organization, management and financing of the trafficking of woman is punished with imprisonment of from ten to 15 years and with a fine of from five million to seven million lek.

When this offence is committed in collaboration or more than once, or is accompanied by mistreatment and making the victim commit various actions through the use of physical or psychological force, or brings serious consequences to health, it is punished with imprisonment of no less than 15 years and with a fine of from six million to eight million lek.

When the offence has brought about the death of the victim as a consequence, it is punished with imprisonment of no less than 20 years or with life imprisonment, as well as with a fine of from seven million to 10 million lek.

When the criminal offence is committed through the utilization of a state function or public service, the punishment of imprisonment and the fines are increased by one fourth of the punishment given.

Article 115

Use of premises for prostitution

Managing,22 utilizing, financing, letting the premises for purposes of prostitution, is punishable by a fine or up to ten years of imprisonment.

Article 116

Homosexuality

(Repealed by law no. 8733 dated 24.01.2001)

Article 117

Pornography

Producing, delivery, advertising, import, selling and publication of pornographic materials in minors’ premises constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 118

Desecration of graves

Desecration of cemeteries, graves, exhumations, as well as theft of items found therein, as well as every other act of disrespect towards the dead, is punishable by a fine or up to five years of imprisonment.

Article 119

Insulting

Intentionally insulting a person constitutes criminal contravention and is punishable by a fine or to up to six months of imprisonment.

This very act, when committed in public, harming some persons, or more than once, constitutes a penal transgression and is condemned by a fine or imprisonment up to one year

22Mbajtja in the Albanian original.

Article 120

Libel

Intentionally spreading rumors [or hearsay], and any other knowingly false information, which harm the honor and dignity of the person, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

This same act, when committed publicly, harming some persons, or more than once, constitutes a penal transgression and is condemned by a fine or imprisonment up to 2 years

Article 121

Intruding into someone’s privacy

Fixing appliances which serve for hearing or recording words or images, the hearing, recording or airing words, fixing, taping or transmitting images, as well as their preserving for publication or the publication of the data which exposes an aspect of the private life of the person without his consent, constitutes criminal contravention and is punishable by a fine or up two years of imprisonment.

Article 122

Spreading personal secrets

Spreading a secret that belongs to someone’s private life by the person who obtains that [secret] because of his duty or profession, when he is compelled not to spread it without prior authorization, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

The same act committed with the intent of embezzlement or of damaging another person, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 123

Halting or violation of the privacy of correspondence

The carrying out intentionally of acts such as destruction, non-delivery, opening and reading letters or any other correspondence, as well as the interruption or placement under control, hearing any conversation through telephone, telegraph, or any other means of communication, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment

SECTION IX

CRIMINAL ACTS AGAINST CHILDREN, MARRIAGE AND FAMILY

Article 124

Abandonment of minor children

Abandonment of a child under sixteen by a parent or by a person compelled to guard over him, is punishable by a fine or up to three years of imprisonment.

When serious harm to the health or death of the child has resulted, it is punishable by three up to ten years of imprisonment.

Article 124/a

Asking or reception of remuneration for adoption procedures

Asking, proposal, giving or acceptance of remunerations and other benefits, to commit or not to commit an action, related to the adoption process of an minor, are punished with imprisonment up to seven years and fine from 300 thousand up to 3 million leke.”

Article 125

Denial of support

Denial of necessary support for the living of children, parents or spouse, from the person who is obliged, through a court order, to provide, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

Article 126

Failing to inform on the changing of domicile

Failure to inform within one month on the changing of domicile to the interested person or to the law-enforcement agency, by the person who, according to the court order, is compelled to provide the necessary living support to children, parents or his/her spouse, or by the person who is taking care of children after divorce, constitutes criminal contravention and is punishable by a fine or up to three months of imprisonment.

Article 127

Unlawfully taking the child

Unlawfully taking the child by taking away from the person exercising parental authority or entrusted to raise and educate him, as well as retention of child from the other parent in breach of the court order, constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment.

Article 128

Replacement of children

Replacement of children negligently committed by the staff at the place where they are raised, cured, or at the maternity hospital, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 128/a

Deliberately hiding or swapping a child

Deliberately hiding or swapping a child with another one, committed by the medical personnel, is condemned by imprisonment from 3 to 8 years.

Article 128/b

Trafficking of Minors

The recruitment, transport, transfer, hiding or reception of minors with the purpose of exploitation for prostitution or other forms of sexual exploitation, forced services or work, slavery or forms similar to slavery, putting to use or transplanting organs, as well as other forms of exploitation, are punished with imprisonment of from seven to 15 years and with a fine of from four million to six million lek.

The organization, management and financing of the trafficking of minors is punished with imprisonment of from 10 to 20 years and with a fine of from six million to eight million lek.

When this offence is committed in collaboration or more than once, or is accompanied by mistreatment and making the victim commit various actions through physical or psychological force, or brings serious consequences to health, it is punished with imprisonment of no less than 15 years and with a fine of from six million to eight million lek.

When the offence has brought about the death of the victim as a consequence it is punished with imprisonment of no less than 20 years or with life imprisonment, as well as with a fine of from eight million to 10 million lek.

When the criminal offence is committed through the utilization of a state function or public service, the punishment of imprisonment and the fines are increased by one fourth of the punishment given.

Article 129

Inducing minors to criminality

Inducing or encouraging minors under fourteen to criminality is sentenced up to five years of imprisonment.

Article 130

Forcing or impeding to cohabit or divorce

Forcing or impeding to commence or continue cohabitation or forcing to divorce, constitutes criminal contravention and is punishable by a fine or up to three months of imprisonment.

SECTION X

CRIMINAL ACTS AGAINST FREEDOM OF RELIGION

Article 131

Obstructing the activities of religious organizations

Ban on the activity of religious organizations, or creating obstacles for the free exercise of their activities, is punishable by a fine or to up to three years of imprisonment.

Article 132

Ruining or damaging places of worship

Ruining or damaging places of worship, when it has inflicted the partial or total loss of their values, is punishable by a fine or up to three years of imprisonment.

Article 133

Obstructing religious ceremonies

Ban or creating obstacles for participating in religious ceremonies, as well as for freely expressing religious beliefs, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

CHAPTER III

CRIMINAL ACTS RELATED TO PROPERTY OR IN THE ECONOMIC AREA

SECTION I

THEFT OF PROPERTY

Article 134

Theft

Property theft is punished with imprisonment of three months up to three years.

The same offence when committed in collaboration or more than once, is punished with an imprisonment term of six months to five years.

The same offence, when it has brought about serious consequences, is punished with a prison term of four to 10 years.

Article 135

Theft through abuse of office

Theft of property, committed by the person whose duty is to protect and administer it, or through abuse of office, is sentenced up to ten years of imprisonment.

Article 136

Bank robbery and savings banks robbery23

23Vjedhja e bankave dhe e arkave të kursimit in the Albanian original.

Bank robbery and savings bank robbery is punishable by five up to fifteen years of imprisonment.

This very act, when committed by accomplices, or more than once, or when it brought about serious consequences, is sentenced by imprisonment from 10 to 20 years.

Article 137

Stealing electrical power or telephone impulses

Illegal connection to the electrical network constitutes a penal contravention and is sentenced by a fine or imprisonment up to 2 years

Stealing electrical power or telephone lines is punishable by a fine or up to three years of imprisonment.

Article 138

Stealing works of art or culture

Stealing works of art or culture is punishable by a fine or up to five years of imprisonment.

Stealing works of art or culture that have national importance is punishable by five to ten years of imprisonment.

Article 138/a

Art and culture works trafficking

The illegal import, export, transit, and trade of art and culture works, in order to have material or other benefits, is sentenced by imprisonment from 3 to 10 years.

This very act, when committed with accomplices, or more than once, or when it brings about serious consequences, is sentenced by imprisonment from five to fifteen years.

Article 139

Robbery

Stealing property through the use of force is punishable by five to fifteen years of imprisonment.

Article 140

Robbery with the use of weapons

Wealth stealing, accompanied by bearing without permission military weapons or ammunitions, or by their use, is punished by imprisonment from 10 to 20 years

Article 141

Theft resulting in death

Theft of property, when accompanied with such actions24 as resulting in the death of the person, is punishable by fifteen to twenty years of imprisonment or to life imprisonment.

Article 141/a

Trafficking of vehicles

The illegal import, export, transit, and trade of stolen vehicles, in order to have material or other benefits, is condemned by imprisonment from 3 to 7 years.”

This very act, when committed with accomplices, or more than once, or when it brings about serious consequences, is condemned by imprisonment from five to fifteen years

Article 142

Providing equipment for theft

Providing the conditions and material equipment for theft is punishable by a fine or up to three years of imprisonment.

SECTION II

FRAUD

Article 143

Deception/ Fraud

Stealing property through lies or abuse of trust is punishable by a fine or up to five years of imprisonment.

This very act, when committed with accomplices and harming some persons, or more than once, is punished by imprisonment from 3 to 10 years and, when it brings about serious consequences, is sentenced by imprisonment from 10 to 20 years

Article 143/a

Fraudulent and pyramid schemes

Organizing and putting in function fraudulent and pyramid schemes by borrowing money, in order to have material benefits, is condemned by imprisonment from three to ten years.

This very act, when it brings about serious consequences, is sentenced by imprisonment from ten to twenty years

Article 144

Fraud on subsidies

Fraud on documents presented, thus fraudulently obtaining subsidies [or other benefits] from the state, is punishable by a fine or up to four years of imprisonment.

24 Dhunime in the Albanian original.

Article 145

Fraud on insurance

Presenting false circumstances [or false information] related to the object to be insured, or fabricating false circumstances and presenting them into documents thus fraudulently obtaining insurance [or its proceeds], is punishable by a fine or up to five years of imprisonment.

Article 146

Fraud on credit

Fraud on presented documents, thus fraudulently obtaining credit through fictitious registration in property registration offices25 of objects which do not exist, or [which are] over estimated, or which belong to somebody else’s property, committed with the intent of not paying back the credit, is punishable by a fine or up to seven years of imprisonment.

Article 147

Fraud on works of art and culture

Steal of property through fraud by presenting a work of art or culture as being original or by an author other than the real one, is punishable by a fine or up to four years of imprisonment.

Article 148

Publication of another person’s work with own name

Publication or use partially or totally with his own name of a work of literature, music, art or science which belongs to another, constitutes criminal contravention and is punishable by a fine or up to two year of imprisonment.

Article 149

Unlawful reproduction of the work of another

Total or partial reproduction of a work of literature, music, art or science which belongs to another, or if their use is conducted without the author’s consent, when his personal and property rights are violated, constitutes criminal contravention and is punishable by a fine or by imprisonment up to 2 years. .

SECTION III

DESTROYING PROPERTY

25Hipotekë in the Albanian original.

Article 150

Destroying property

Intentionally destroying or damaging the property, when material consequences are serious, is punishable by a fine or up to three years of imprisonment.

Article 151

Destroying property by fire

Intentionally destroying or damaging property by fire is punishable by a fine or up to five years of imprisonment.

When the criminal act has led to serious material consequences, it is sentenced up to ten years of imprisonment.

When serious consequences to the health of people have resulted, it is punishable by five to fifteen years of imprisonment.

Article 152

Destroying property by explosives

Intentionally destroying or damaging property by explosives is punishable by a fine or up to five years of imprisonment.

When the criminal act has led to serious material consequences, it is punishable by five to ten years of imprisonment.

When serious consequences to the health of people have resulted, it is punishable by ten to twenty years of imprisonment.

Article 153

Destroying property by flooding

Intentionally destroying or damaging property by flooding is punishable by a fine or up to five years of imprisonment.

When the criminal act has led to serious material consequences, it is punishable by five to ten years of imprisonment.

When serious consequences to the health of people have resulted, it is punishable by five to fifteen years of imprisonment.

Article 154

Destroying property with other means

Intentionally destroying or damaging property with other means, which constitute danger to the environment and the health of people, is punishable by a fine or to up to five years of imprisonment.

When the criminal act has led to serious material consequences, it is punishable by five to ten years of imprisonment.

When serious consequences to the health of people have resulted, it is punishable by five to fifteen years of imprisonment.

Article 155

Destroying roads

Intentionally destroying or damaging automobile roads, railways and works related to them, is punishable by a fine or up to seven years of imprisonment.

When the criminal act has led to serious material consequences, it is punishable by three to ten years of imprisonment.

When serious consequences to the health of people have resulted, it is punishable by five to fifteen years of imprisonment.

Article 156

Destroying power network

Intentionally destroying or damaging power, telegraphic, telephonic, radio television network or any other communication network, is punishable by a fine or up to three years of imprisonment.

Article 157

Destroying the watering system

Intentionally destroying or damaging the watering or draining systems or the works related to them, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 158

[No title in original]

Unfair management of water, by turning or changing the waterlines, by opening the dams, by constructing or closing draining or watering channels, waterlines or other works, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 159

Destroying water-supply system

Intentionally destroying or damaging the water-supply system is punishable by a fine or up to three years of imprisonment.

Connecting, or any other intervention into the water supply system conducted without prior permission, in order to get drinking water, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 160

Destroying works of culture

Intentionally destroying or damaging works of culture is punishable by a fine or up to three years of imprisonment.

When the criminal act has resulted into the destruction or damaging of works of culture of national importance, it is punishable by a fine or up to eight years of imprisonment.

Article 161

Destruction of property due to negligence

Destruction or damaging of property due to negligence, when serious material consequences have resulted, is punishable by a fine or up to three years of imprisonment.

Article 162

Colliding means of public transportation

Colliding trains, ships, airplanes, being due to negligence, when crashing, burning, sinking, overturning, derailment, or serious material consequences accompanying the event have resulted, is punishable by a fine or up to five years of imprisonment

SECTION IV

CRIMINAL ACTS COMMITTED IN CORPORATIONS

Article 163

Drafting false statements

Drafting false statements, about the increase of capital of a company, related to the distribution of shares of initial capital to the shareholders [or] its repayment26 or the deposit of funds, constitutes criminal contravention and is punishable by a fine.

Article 164

Abuse of powers

Abuse of powers by members of the executive board or by managers of the company with the intent of embezzlement or favoring another company where they have interests, is punishable by a fine or up to five years of imprisonment.

Article 164/a

Active corruption in the private sector

The direct or indirect promise, offer, or giving to a person, who exercises a management function in a commercial company or who works in any other position in the private sector, of any irregular benefit for himself or a third person, in order to act or in order to fail to act, contrary to his duty, is a criminal contravention and is punished with a prison term of three months up to two years and a fine from 200,000 to one million Lek.

26Shlyerje in the Albanian original.

Article 164/b

Passive corruption in the private sector

Direct or indirect soliciting or taking of any irregular benefit or of any such promise, for himself or a third person, or accpeting an offer or a promise that follwos from the irregular benefit, of the person that exercises a management function or works, with whatever position in the private sector, with the prupose to act to not to act contrary to his duty, is sentenced with imprisonment term of six months up to three years (up to five years - abolished) and a fine from 300,000 to three million Leke.

Article 165

Falsifying signatures

Falsifying signatures and deposits, or false statement of deposits of the company’s funds, or publication of signatures and deposits of fictitious people, or assessing the contribution in kind to a bigger value than the factual one, is punishable by a fine or up to five years of imprisonment.

Article 166

Irregularly issuing shares

Irregularly issuing shares before registration of the company, or when registration is made illegally, or when the documents of the company have not yet been [formally] completed, or when the statute of the company after its increase of capital has not been changed or has not been registered or has been drafted unlawfully, constitutes criminal contravention and is punishable by a fine or up to three years of imprisonment.

Article 167

Unfairly holding two capacities at the same time

Simultaneously holding the capacities of shareholder and certified accountant constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment.

Article 168

Giving false information

Giving false information on the situation of a society by the certified accountant of a corporation, or non-reporting27 to the competent agency on an offence committed, when cases of exclusion from criminal responsibility provided in Article 300 of this Code do not exist, is punishable by a fine or up to five years of imprisonment.

Article 169

27Moskallëzimi in the Albanian original.

Revealing secrets of a company

Revealing the secrets of a company by its certified accountant, except in the case when he is compelled to do so by law, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 170

Refusing to write mandatory notes28

Refusing to write mandatory notes by the manager or the liquidator of the company constitutes criminal contravention and is punishable by a fine.

Article 170/a

Illegal employment

Employment without registration with the competent authorities or without guaranteeing employee’s insurance according the regulations, when an administrative measure has been rendered first constitutes a penal transgression and is sentenced with a fine up to 10 thousand lekë for any case or with imprisonment of up to 1 year.

Deliberate omission or camouflage of the infringements connected with the employment or the social security from people obliged with the application and the control of the relevant dispositions constitutes a penal transgression and is sentenced with a fine of up to 100 thousand lekë or imprisonment of up to 2 years.

Article 170/b

Illegal competition through violence

The performance, during the exercise of the commercial activity, of actions of competition through violence and threat is punished with imprisonment from 1 to 4 years.

When the acts of competition are directed towards fully or partly financed activities and in any way from the state or from the public entities, the sentence with imprisonment is added with one third.

SECTION V

OFFENCES IN THE FIELD OF CUSTOMS

Article 171

Smuggling unauthorized goods

Unlawful importing, exporting or transiting unauthorized goods entering or leaving the Republic of Albania, committed through any means or ways, is sentenced up to ten years of imprisonment.

28Shënime të detyrueshme in the Albanian original.

Article 172

Smuggling goods to which excise duty is applied

Importing, exporting or transiting goods to which excise duty is applied, by passing them through places out of the custom stations, their partial or total concealment, inaccurate declaration to customs, false declaration of the kind, sort, quality, price, destination of goods or other forms aimed at avoiding custom duties, are punishable by a fine or up to seven years of imprisonment.

Article 173

Smuggling goods requiring license

Importing, exporting or transiting goods which require a license from the competent authority by passing them through places out of the custom stations, their partial or total concealment, inaccurate declaration to the customs, false declaration of the kind, sort, quality, price, destination of goods or other forms aimed at avoiding custom duties, are punishable by a fine or up to five years of imprisonment.

Article 174

Smuggling other goods

Importing, exporting or transiting goods by passing them through places out of the custom stations, their partial or total concealment, inaccurate declaration to the customs, false declaration of the kind, sort, quality, price, destination of goods or other forms aimed at avoiding custom duties, are punishable by a fine or up to five years of imprisonment.

Article 175

Smuggling done by employees that are linked to customs activities

Smuggling by employees that are related with customs activities, even by collaborating with other persons, is condemned by imprisonment from three to ten years

Article 176

Smuggling [goods with] cultural value

Importing, exporting or transiting [goods with] national cultural value carried out against the legal provisions related to them, is sentenced up to ten years of imprisonment.

Article 177

Smuggling goods holding intermediate status29

29Kontrabanda me mallra me regjim të ndërmjetëm in the Albanian original.

Importing, exporting or transiting goods which are declared as having an intermediate status with the intent of avoiding the custom duties, is punishable by a fine or up to five years of imprisonment.

Article 178

Trading and transport of smuggled goods

Trading, alienation or transport of smuggled goods, as well as any other support given to persons dealing with these activities, is sentenced with fine or imprisonment up to three years.

Article 179

Storing smuggled goods

Storing, accumulating, keeping or processing goods that are known to be smuggled, is punishable by a fine or up to three years of imprisonment.

Article 179/a

The non-declaration of money and of valuable objects

The non-declaration, in entrance or exit of the territory of the Republic of Albania of amounts of money, of any type of bank check, of metals or precious stones, as well as of other valuable objects, beyond the value provided by law, constitutes penal contravention and is punished by fine or imprisonment up to two years.

SECTION VI

CRIMINAL ACTS RELATED TO TAXATION

Article 180

Concealment of income

Concealment or false statement of income or other objects that are subject to taxation, in cases when other administrative sanctions have been previously taken, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 181

Non-payment of taxes

Non-payment of taxes [and tariffs] within the time required by law by the person against whom administrative sanctions were previously taken for the same reason, although their payment was possible by the person, is punishable by a fine or up to three years of imprisonment.

Article 181/a

Non completion of duties from tax authorities

Non completion of the duties related with collecting of the taxes and tariffs within the defined legal term from the employees of the tax organs and other official persons assigned with these duties, when it is done because of their fault and has brought a damage to the state with a value of less then 1 million lekë, is punished by fine of up to 2 million lekë;

When the value is higher then 1 million lekë it is punishable by 3 to up to 10 years imprisonment.

Article 182

Modification of measurement devices

Modification or any other intervention in measurement devices and counters, or utilizing altered measurement devices and counters, or allowing the use by others of irregular measurement devices and counters, with the intent of avoiding the full payment of taxes [and tariffs], constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

SECTION VII

FALSIFYING CURRENCY OR MONEY ORDERS

Article 183

/ Money counterfeiting

Forging or putting in circulation counterfeit money is condemned by imprisonment up to five years.

This very act, when committed with accomplices, or more than once, or when it brought about serious consequences, is condemned by imprisonment from five to fifteen years.

Article 184

Forging the valued papers/ vouchers

Forging and putting in use checks, bills of exchange, credit cards, or other valued papers, is condemned by imprisonment up to five years.

This very act, when committed by accomplices, more than once, or when it brought about serious consequences, is condemned by imprisonment from three to ten years

Article 185

Producing instruments for forgery

Producing or keeping equipment for falsifying currency, checks, bills of exchange, credit cards, traveler’s checks or other financial documents, is punishable by a fine or from one to three years of imprisonment.

This very act, when committed by accomplices, more than once, or when it brought about serious consequences, is punished by imprisonment from three to ten years

SECTION VIII

FALSIFYING DOCUMENTS

Article 186

Falsification of Documents

The falsification or use of falsified documents is punished with imprisonment of up to three years and with a fine of from two hundred thousand to six hundred thousand lek.

When this offence is committed in collaboration or more than once or when it has brought serious consequences, it is punished with imprisonment of from six months to four years and with a fine of from three hundred thousand to one million lek.

When the falsification is done by a person who has the duty of issuing the document, it is punished with imprisonment of from one year to seven years and with a fine of from five hundred thousand to two million lek.

Article 187

Falsifying school documents

Falsifying or use of falsified school documents is punishable by a fine or up to three years of imprisonment.

When the person having the capacity to issue the document makes the falsification, it is punishable by a fine or up to five years of imprisonment.

Article 188

Falsifying health-related documents

Falsifying or use of falsified health-related documents is punishable by a fine or up to three years of imprisonment.

When the person having the capacity to issue the document makes the falsification, it is punishable by a fine or up to five years of imprisonment.

Article 189

Falsification of Identity Documents, Passports or Visas

The falsification or use of falsified identity documents, passports or visas is punished with imprisonment of from six months to five years and with a fine of from four hundred thousand to one million lek.

When this offence is committed in collaboration or more than once or has brought serious consequences, it is punished with imprisonment of from six months to five years and with a fine of from six hundred thousand to two million lek.

When the falsification is done by a person who has the duty of issuing the identity document, passport or visa, it is punished with imprisonment of from three to seven years and with a fine of from one million to three million lek.

Article 190

Falsification of Seals, Stamps or Forms

The falsification or use of falsified seals, stamps or forms, or the presentation of false circumstances in the latter that are directed to state organs, is punished with imprisonment of from six months to four years and with a fine of from four houndred thousand to one million lek.

When this offence is committed in collaboration or more than once or has brought serious consequences, it is punished with imprisonment of from six months to five years and with a fine of from six hundred thousand to two million lek.

When the falsification is done by a person who has the duty of compiling them, it is punished with imprisonment of from three to seven years and with a fine of from one million to three million lek.

Article 191

Falsification of Civil Status Documents

The falsification or use of falsified civil status documents is punished with imprisonment of from three months to two years and with a fine of from three hundred thousand to six hundred thousand lek.

When this offence is committed in collaboration or more than once or has brought serious consequences, it is punished with imprisonment of from six months to four years and with a fine of from five hundred thousand to one million lek.

When the falsification is done by a person who has the duty of issuing the document, it is punished with imprisonment of from one to five years and with a fine of from one million to three million lek.

Article 192

Production of devices to falsify documents

Production of, or conserving, devices to falsify documents constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 192/a

Documents disappearing and stealing

Illegal eliminating, in any way, of archive or library documents, and, disappearing and stealing documents of a particular importance, is punished by a fine or imprisonment up to three years.

Stealing archive or library documents that are particularly important or their illegal exportation is punished by a fine or imprisonment up to five years.

Article 192/b

Interference in the computer transmissions

Interference, in any way, in the computer transmissions and programs, constitutes a penal contravention and is punished by a fine or imprisonment up to three years.

This very act, when brings about serious consequences, is punished by imprisonment up to seven years

SECTION IX

CRIMINAL ACTS IN THE AREA OF BANKRUPTCY

Article 193

Provoked bankruptcy

Intentionally provoking bankruptcy by a juridical person is punishable by a fine or up to three years of imprisonment.

Article 194

Concealment of bankruptcy status

Entering into an economic commercial relationship with a third party by a juridical person with the intent of concealing bankruptcy status is punishable by a fine or up to five years of imprisonment.

Article 195

Concealment of assets after bankruptcy

Concealment of assets by a juridical person upon the act of bankruptcy with the intent of avoiding its consequences, is punishable by a fine or up to seven years of imprisonment.

Article 196

Failure to comply with obligations

Failure by a juridical person to comply with its obligations arising under bankruptcy constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

SECTION X

UNLAWFUL LOTTERIES AND GAMBLING

Article 197

Organizing unlawful lotteries

Organizing lotteries or gambling in breach of legal provisions constitutes criminal contravention and is punishable by a fine or up to three months of imprisonment.

Article 198

Providing the premises for unlawful gambling

Providing the premises for organizing or playing a lottery or gambling in breach of the legal provisions constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment.

SECTION XI

CRIMINAL ACTS WHICH VIOLATE THE LEGAL STATUS OF LAND

Article 199

Misuse of land

Misuse of land in violation of its designated purpose constitutes criminal contravention and is punishable by a fine or to up six months of imprisonment.

Article 200

Unlawfully taking land

Unlawfully taking land constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

CHAPTER IV

CRIMINAL ACTS AGAINST ENVIRONMENT

Article 201

Polluting the air

Polluting the air through the emission of smoke, gasses and other toxic radioactive substances, when it increases the normal limit allowed, and when the act does not constitute administrative contravention, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

The same act, when it has caused serious consequences to the life and health of people, is sentenced up to ten years of imprisonment.

Article 202

Transporting toxic waste

Transporting toxic and radioactive waste transit into the Albanian territory or their depositing therein is punishable by one to five years of imprisonment.

The same act, when it has caused serious consequences to the life and health of people, is punishable by five to fifteen years of imprisonment.

Article 203

Polluting the water

Polluting the waters of the seas, rivers, lakes or the springs of the water supply system with waste either toxic or radioactive or other substances, which break the ecological balance, is sentenced up to five years of imprisonment.

The same act, when has caused serious consequences to the life and health of people, is punishable by five to fifteen years of imprisonment.

Article 204

Prohibited fishing

Fishing undertaken at a prohibited time, place or method constitutes criminal contravention and is punishable by a fine or to up three months of imprisonment.

Fishing undertaken through means of public danger like explosives, poisonous substances, etc, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 205

Unlawfully cutting forests

Cutting or damaging forests without authorization or when it is undertaken at a prohibited time or place, when the act does not constitute administrative contravention, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

Article 206

Cutting decoration and fruit trees

Cutting decoration trees and damaging gardens and parks in the cities constitutes criminal contravention and is punishable by a fine.

Cutting trees in fruit or olive plantations and vineyards, after [the application] for cutting permit has been previously refused by the competent authority, constitutes criminal contravention and is sentenced up to three months of imprisonment.

Article 207

Breach of quarantine for plants and animals

Breach of rules of quarantine for plants or animals, when it has led to serious consequences which are either material or which bring serious danger to the life and health of people, constitutes criminal contravention and is punishable by a fine.

CHAPTER V

OFFENCES AGAINST INDEPENDENCE AND CONSTITUTIONAL ORDER

SECTION I

OFFENCES AGAINST INDEPENDENCE AND INTEGRITY

Article 208

Transferring territory

The total or partial transfer of territory to foreign state or power, with the intent of violating the independence and integrity of the country, is punishable by no less than fifteen years of imprisonment or to life imprisonment.

Article 209

Surrendering the army

[The act of] total or partial surrendering of the army or handing over defense materials or supplying weapons and ammunition to a foreign state or power, with the intent of violating the independence and integrity of the country, is punishable by no less than fifteen years of imprisonment or to life imprisonment.

Article 210

Agreement for transferring territory

Agreement with foreign powers or states for the total or partial transferring of territory or handing over of the army and defense materials, with the intent of violating the integrity of the country, is punishable by five to ten years of imprisonment.

Article 211

Provocation of war

Committing acts with the intent to provoke a war or make the Republic of Albania face the danger of an [military] intervention by foreign powers, is punishable by no less than fifteen years of imprisonment.

Article 212

Agreement for armed intervention

Agreements entered into with foreign powers or states to cause armed intervention against the territory of the Republic of Albania, is punishable by ten to fifteen years of imprisonment.

Article 213

Handing over classified information

Handing over classified information of military or other character to a foreign power with the intent of encroaching on the independence of the country, is punishable by ten to twenty years of imprisonment.

Article 214

Providing information

Providing classified information of military or other character, with the intention to hand over to foreign power in order to encroach the independence of the country, is punishable by three to ten years of imprisonment.

Article 215

Damaging defense objects

Destroying or damaging means, equipment, appliances, weapons, military technique or objects for military defense, with the intent of reducing the country˜s defensive capacity, is punishable by five to fifteen years of imprisonment.

Article 216

Providing means for destroying military technique

Production or keeping means for destroying or damaging equipment, appliances, weapons, means of military technique or objects for military defense, with the intent of reducing the country’s defense capacity, is sentenced up to ten years of imprisonment.

Article 217

Getting paid [from foreign states]

Getting paid or the agreement to get paid or to receive other material benefits, in order to commit in favor of foreign states or powers one of the crimes provided for in this section, is punishable by five to ten years of imprisonment.

Article 218

Placing oneself in the service of foreign states

Placing an Albanian citizen in the service of a foreign state or power, with the intent of committing acts against the independence and integrity of the Republic of Albania, is punishable by three to ten years of imprisonment.

SECTION II

OFFENCES AGAINST CONSTITUTIONAL ORDER

Article 219

Assassination

Assassination, kidnapping, torturing or other acts of violence [committed] against the highest representatives of the state, with the intent of overturning constitutional order, is punishable by no less than fifteen years of imprisonment or to life imprisonment.

Article 220

Conspiracy

Decision-making and creating material conditions by a group of people to commit an assassination is punishable by five to fifteen years of imprisonment.

Article 221

Rioting

Participating in violent massive actions such as placing obstacles and barricades to stop the police, resisting them with arms or disarming them, forcibly occupying buildings, looting, gathering or placing under [one’s] disposal weapons, ammunition and people, facilitating the rioters, committed with the intent of overturning constitutional order, is punishable by fifteen to twenty five years of imprisonment.

Participation in the above-mentioned activities with the capacity of a leader or an organizer is punishable by life imprisonment.

Article 222

Calls for taking on the arms or unlawful taking-over of the command

Calls for taking up arms against constitutional order, creating or organizing the armed forces in violation to the law, unlawful taking-over of the command of the armed forces in order to conduct military actions with the intent of opposing constitutional order, are punishable by five to ten years of imprisonment.

Article 223

Public calls for violence

Public calls to commit violent acts against the constitutional order, are punishable by a fine or up to three years of imprisonment.

Article 224

Founding unconstitutional parties or associations

Founding of or participating in parties, organizations or associations which intend to violently overturn the constitutional order is punishable by a fine or up to three years of imprisonment.

Re-founding a party, organization or association that was previously banned as unconstitutional or the continuation of their activity in an open or covert way, is punishable by one to five years of imprisonment.

Article 225

Distributing unconstitutional writings

Distribution of writings or use of symbols belonging to an unconstitutional party, organization or associations or to one previously banned on the same grounds, is punishable by a fine or up to three years of imprisonment.

Distributing or infiltrating materials, writings or symbols into the Republic of Albania from abroad, with the intent to overturn the constitutional order or affect the territorial integrity of the country, is punishable by a fine or up to three years of imprisonment.

CHAPTER VI

OFFENCES ENCROACHING RELATIONS WITH OTHER STATES

Article 226

Violent acts against representatives of foreign states

Committing violent acts against prime ministers, cabinet members, parliamentarians of foreign states, diplomatic representatives, or [representatives] of recognized international bodies who are officially in the Republic of Albania, is sentenced up to ten years of imprisonment.

Article 227

Insulting representatives of foreign countries

Insulting prime ministers, cabinet members, parliamentarians of foreign states, diplomatic representatives, or [representatives] of recognized international bodies who are officially in the Republic of Albania, is sentenced up to a fine or up to three years of imprisonment.

Article 228

Violent acts against working-places of foreign representatives

Committing violent acts against work-places, residences, means of transportation of representatives of foreign states and recognized international bodies constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

When the act has resulted in serious material consequences or in complications in the bilateral relations, it is sentenced up to ten years of imprisonment.

Article 229

Insulting acts against the anthem and flag

Using words or committing acts which publicly insult the flag, emblem, anthem of foreign states and recognized international bodies, as well as taking away, breaking, irreparably damaging the flag, [or] emblem, which are displayed in official institutions, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

CHAPTER VII

TERRORIST ACTS

Article 230

Terrorist acts

Committing violent acts against the life, health of people, personal freedom through kidnapping of people or hijacking public transportation, with the intent to seriously disturb public order30 and instilling fear and uncertainty in the public is punishable by no less than fifteen years of imprisonment or to life imprisonment.

Article 230/a

Financing of terrorism

Financing of terrorism or its support of any kind is punished by imprisonment not less than fifteen years or with life imprisonment and with fine from 5 million leke up to 10 million leke.

Article 230/b

The hiding/concealing of funds and other wealth/goods that finance terrorism

The transfer the conversion, the concealing, the movement or the change of property of the funds and of other goods, which are put under measures against terrorism financing, in order to avoid the discovery and their location, is sentenced with imprisonment from 4 to 12 years and with a fine from 600,000 to 6 million Leke.

When this crime is committed during the exercise of a professional activity in cooperation or more than one time, it is sentenced to imprisonment from 7 to 15 years and with a fine from 1 million to 8 million Leke, whereas when it causes serious consequences, it is sentenced with imprisonment for no less than 15 years and with a fine of 5 million to 10 million Leke.

Article 230/c

Giving information from persons that carry public functions

or persons on duty or in exercise of the profession

Getting acquainted identified persons or of other persons with data regarding the verification or the investigation of funds and other goods towards which are applied measures against terrorism financing, from persons exercising public functions or in exercise of their duty or profession, is sentenced with imprisonment from 5 to 10 years and with a fine from one million to five million Leke.

Article 230/ç

The performance of the services and actions with identified persons

The giving of funds and of other wealth the performance of financial services as well as of other transactions with identified persons towards whom are applied measures against terrorism financing, is sentenced with imprisonment from four to 10 years and with a fine from 400,000 to five Million Leke.

30Rend publik in the Albanian original.

Article 231

Violent acts against property

Committing violent acts against property through stealing, massive damaging or destroying, with the intent of seriously disturbing public order and instilling fear and uncertainty to the public, is punishable by no less than fifteen years of imprisonment.

Article 232

Delivering dangerous substances

Delivery in the air, land or water of substances that constitute a danger to the life and health of people and animals, with the intent of seriously disturbing public order and instilling uncertainty in the public, is punishable by ten to twenty years of imprisonment.

Article 233

Creating armed crowds

Creating armed crowds to oppose public order through violent acts against the life, health, personal freedom of the individual, property, with the intent of instilling fear and uncertainty in the public, is sentenced up to ten years of imprisonment.

Article 234

Producing military weapons

Producing, storing, transporting of military, chemical, biological, nuclear weapons which have a poisonous or explosive base, with the intent of committing acts of terrorism31, is punishable by five to fifteen years of imprisonment.

Article 234/a

Terrorist organizations

The establishment, the organization, the leading and the financing of the terrorist organizations is sentenced with imprisonment of no less than 15 years.

The participation in terrorist organizations is sentenced to imprisonment from 7 to 15 years.

Article 234/b

Armed gangs

The establishment, the organization, the leading and the financing of the armed gangs is sentenced with imprisonment from 10 to 15 years.

31Vepra terrori in the Albanian original.

The participation in armed gangs is sentenced to imprisonment from 5 to 10 years.

CHAPTER VIII

CRIMES AGAINST THE STATE AUTHORITY

SECTION I

CRIMINAL ACTS AGAINST STATE ACTIVITY COMMITTED BY [ALBANIAN] CITIZENS

Article 235

Opposing the public official32

Opposing an official on state duty or public service, with the intent of hindering his fulfillment of his duty or service in compliance with law, constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment.

This very act, when committed by accomplices, or by wielding physical violence, or more than once, is punished by a fine or imprisonment up to 5 years

Article 236

Opposing the official of the public order police

Opposing the official of the public order police with the intent of hindering his fulfillment of duty in compliance with law, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

When the same act is committed through physical violence, it is punishable by three to seven years of imprisonment.

Article 237

Assault [to an official] on duty

Assault or other violent acts committed toward an official acting in the execution of a state duty or public service, because of his state activity or service, are punishable by a fine or up to three years of imprisonment.

Article 238

Threatening [a public official] on duty

Serious threat of assassination or critical injury toward an official acting in the execution of a state duty or public service, because of his state activity or service, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

32Kundershtimi i punonjesit qe kryen nje detyre shteterore ose nje sherbim publik in the Albanian original.

Article 239

Insulting [a public official] on duty

Insulting intentionally an official acting in the execution of a state duty or public service, because of his state activity or service, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

This very act, when committed in public, or harming some persons, or more than once, constitutes a penal transgression and is punished by a fine or imprisonment up to 2 years

Article 240

Defamation [toward a public official] on duty

Intentional defamation committed toward an official acting in the execution of a state duty or public service, because of his state activity or service, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

This very act, when committed in public, or harming some persons, or more than once, is punished by a fine or imprisonment up to 2 years.

Article 241

Defamation toward the President of the Republic

Intentional defamation committed toward the President of the Republic is punishable by a fine or up to three years of imprisonment.

Article 242

Disobeying orders of the official of public order police

Disobeying the lawful orders of the official of public order police constitutes criminal contravention and is punishable by a fine or up to three months of imprisonment.

Article 243

Assaulting family members of a person acting in exercise of his state duty

Assault or other violent acts committed toward the family member of a person acting in the exercise of his state duty or public service, with the intent of preventing the fulfillment of the duty or service, or which is related to this activity, is punishable by a fine or up to five years of imprisonment.

Article 244

Active corruption of persons exercising public functions

The direct or indirect proposal, offer, or giving, to a person, who exercises public functions, of any irregular benefit for himself or a third person in order to act or not act, that is related to his duty, is punished with a prison term of 6 months up to three years and a fine from 300,000 to one million Leke.

Article 245

Active corruption of the high state official and of the local elected/representatives

The direct or indirect proposal, offer, or giving, to high state officials or to a locally elected person, of any irregular benefit for himself or a third person in order to act or not act, regarding his duty, is punished with a prison term of 1 year to five years and with a fine from 500,000 to two million Lek.

Article 245/1

The exercising of unlawful influence on public officials

The direct or indirect proposal, offer, or giving an irregular benefit, for himself or a third person, to the person who promises and guarantees that he is able to exercise illegal influence on the accomplishment of the duties and on taking of decisions by the Albanian or foreign public functionaries, no matter whether the influence has been actually exercised or not and no matter whether the desirable consequences have occurred or not, is punished with a prison term from 6 months up to two years and a fine from 300,000 to one million Lek.

The direct or indirect soliciting, receiving, or accepting whatever irregular benefit for oneself or a third person, by promising and confirming the ability to exercise illegal influence on the accomplishment of the duties and on adoption of decisions by the Albanian or foreign public functionaries, no matter whether the influence has been actually exercised or not and no matter whether the desirable consequences have occurred or not, is punished with a prison term of 6 months up to four years and a fine from 500,000 to two million Leke.

Article 245/2

The exemption from suffering the sentence

The person, who has promised or given reward or other benefits, in accordance with Articles 164/1, 244, 245, 312, 319 and 328 of this Code, may benefit from exemption from the sentence or the reduction of it in compliance provision of Article 28 of this Code, if they do denounciation and give a contribution in the criminal proceeding of these crimes.

In giving this decision the court considers the time when the denounciation is done, the occurrence or not of the consequences of the crime.

Article 246

Appropriating a public title or office

Appropriating a public title or office accompanied with the actions pertinent to the holder of the title or office, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

If the act is committed for embezzlement purposes or has encroached the freedom, dignity or other fundamental rights of the citizen, it is punishable by a fine or up to five years of imprisonment.

Article 247

Unlawfully wearing a uniform

Unlawfully wearing a uniform, holding a document or a distinctive sign, which shows the capacity of an official working in a state duty or public service, accompanied with illegal acts, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

If the act is committed for embezzlement purposes or has encroached the freedom, dignity or other fundamental rights of the citizen, it is punishable by a fine or up to five years of imprisonment.

SECTION II

CRIMINAL ACTS AGAINST THE ACTIVITY OF THE STATE COMMITTED BY PUBLIC OFFICIALS

Article 248

Abuse of duty

Deliberate accomplishment or non-accomplishment of actions or of failures to act, in violation to the law and constituting the failure of a person, who carries out public functions, to do his duties regularly, in cases when it has led to bringing him or to other persons unjust material or non material benefits or who have brought damages to the legitimate interests of the state, citizens, and other judicial entities, when it does not constitute another criminal offence, is punished with imprisonment of 6 months up to five years and with a fine of 300,000 Leke to one Million Leke.

Article 249

Acting in a capacity after its termination

Continuing to act in a capacity in either the state administration or public service by a person who has been informed of a decision or circumstance terminating its exercise, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

Article 250

Committing arbitrary acts

Committing acts or giving orders that are arbitrary, by an official acting in a state function or public service while exercising his duty, which affect the freedom of citizens, is punishable by a fine or up to seven years of imprisonment.

Article 251

Refusing to take measures to stop unlawful situation

Refusing to take measures, or refusing to a request from a competent person to stop an unlawful situation resulting from an arbitrary act, which has affected the freedom of citizens, by the person in charge of a state function or public service, who learns of the situation because of the function or service, is punishable by a fine or up to three years of imprisonment.

Article 252

Illegal detention

Article 253

Denying equality of the citizens

Discrimination by a worker holding a state function or public service conducted because of his capacity or during its exercise, when the discrimination is based upon origin, sex, health situation, religious or political beliefs, trade-union activity or because of belonging to a particular ethnic group, nation, race or religion, which consists in creating unfair privileges or in refusing a right or benefit deriving from law, is punishable by a fine or up to five years of imprisonment.

Article 254

Infringing the inviolability of residence

Entering into premises without the consent of a person living therein, committed by a person holding a state function or public service during the exercise of his duty, except the cases when it is permitted by law, is punishable by a fine or up to five years of imprisonment.

Article 255

Hindering and violating the secrecy of correspondence

Giving orders or committing actions for destroying, reading and disseminating postal correspondence, or which breaks, makes it more difficult, puts under control or eavesdrops phone correspondence or any other means of communication, committed by a person holding a state function or public service during the exercise of his duty, except the cases when it is permitted by law, is punishable by a fine or up to three years of imprisonment.

Article 256

Misusing state contributions

Misusing contributions, subsidies or financing given by the state or state institutions to be used in works and activities of public interest, is punishable by a fine or up to three years of imprisonment.

Article 257

Illegal benefiting from interests

Direct or indirect holding, retaining or benefiting from any sort of interest by a person holding state functions or public service in an enterprise or operation in which, at the time of conducting the act, he was holding the capacity of supervisor, administrator or liquidator, is punishable by a fine or up to four years of imprisonment.

Article 257/a

Refusal for the declaration, non declaration, hiding or false declaration of elected persons and public employees

Refusal for declaration or non declaration of assets of the elected persons or of the public employees in accordance with the law, when previously administrative measures have been taken, constitutes a penal contravention and is punished with fine or imprisonment up to 6 months.

Hiding or false declaration of assets of the elected persons or the public employees is punished by fine or imprisonment up to two years.

.

Article 258

Breaching the equality of participants in public bids or auctions

Committing actions in breach of the laws which regulate the freedom of participants and the equality of citizens in bids and public auctions, by a person holding state functions or public service in order to create illegal advantage or benefits for third parties, is punishable by a fine or up to three years of imprisonment.

Article 259

Passive corruption by public officials

Soliciting or taking, directly or indirectly, by a person who exercises public functions, of any irregular benefit or of any such promise for himself or for a third person, or accepting an offer or promise deriving from an irregular benefit, in order to act or not act in the exercise of his duty, is punished with a prison term of two to eight years and a with fine from 500,000 to three million Leke.

Article 260

Passive corruption by High State Officials or local elected officials

Soliciting or takind, directly or indirectly, by a high state official or a local elected official, of any irregular benefit or of any such promise for himself or for a third person, or accepting an offer or promise deriving from an irregular benefit ,in order to act or not act in the exercise of his duty, is punished with a prison term of four years up to 12 years and a fine from one to five million Leke.

SECTION III

CRIMINAL ACTS AGAINST PUBLIC ORDER AND SECURITY

Article 261

Preventing the exercise of freedom of speech and assembly

Committing acts that prevent citizens from exercising the right of free speech or assembly constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment.

When those acts are accompanied with use of physical violence, they are punishable by a fine or up to three years of imprisonment.

Article 262

Organizing or participating in illegal assembly

Organizing the assembly of people in squares and places of public passage, without prior permission by the competent authority according to the specific provisions33 or when organizers breach the conditions provided in the request for permission, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

Participating in an unlawful assembly after a warning has been made to disperse [it], constitutes criminal contravention and is punishable by a fine or up to three months of imprisonment.

This very act, when committed more than once, or when it brought about serious consequences, does constitute a penal transgression and is punished by a fine or imprisonment up to 2 years.

Article 263

Organizing illegal assembly with participation by armed people

Organizing illegal assembly with participation by armed people is punishable by a fine or up to three years of imprisonment.

Participation in illegal assembly of armed people constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

Article 264

33Dispozitave të veçanta according to the Albanian original.

Forcing to strike or not to strike

Forcing an employee to strike or not to strike against his will or creating obstacles and problems for continuing his job when the employee wishes to work, constitutes criminal contravention and is punishable by a fine or up to three months of imprisonment.

Article 265

Inciting national, racial or religious hatred or conflict

Inciting national, racial or religious hatred or conflict as well as preparing, propagating, or keeping with the intent of propagating, of writings with that content, is punishable by a fine or to up ten years of imprisonment.

Article 266

Calls for national hatred

Endangering public peace by calling for national hatred against other parts of the population, by insulting or defaming them, or by requesting the use of force or arbitrary actions against them, is punishable by a fine or up to five years of imprisonment.

Article 267

Propagating false information for panic

Propagating false information or news, in words, in writing, or in any other way, in order to incite a state of insecurity or panic in people, is punishable by a fine or up to five years of imprisonment.

Article 268

Defamation of the Republic and her symbols

Defamation, made publicly or through publications or distribution of writings, of the Republic of Albania and [her] constitutional order, flag, emblem, anthem, martyrs of the nation or abolishing,34 damaging, destroying, making indistinct or unusable the flag or emblem of the Republic of Albania exposed by official institutions, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 269

Forcible obstruction of the activity of political parties

Forcible obstruction of the lawful activity of political parties, organizations or associations constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 270

34Heqja in the Albanian original.

Prisoner’s rebellion

Use of force by prisoners against an official holding a state duty or public service, which is made in order to prevent the exercise of the duty or service or because of the activity, is punishable by a fine or up to five years of imprisonment.

When use of force is conducted by a group of persons or is accompanied with riots and disorders or threats and intimidation, it is punishable by a fine or up to ten years of imprisonment.

Article 271

Providing false information to emergency units

Intentionally providing false information to emergency units [with intent to] hinder their effectiveness35, committed by means of any information or communication36, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

Article 272

False information

Providing false information to the police about the commission of a criminal act, with the intent of placing them into a state of promptness or alarm, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment

Article 273

Leaving the scene of an accident

Leaving the scene of an accident by a driver of a vehicle or of any other motorized transport, in order to avoid criminal, civil or administrative responsibility, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

Article 274

Breach of public peace

Throwing stones or other items into the premises of a citizen, creating disturbing noises such as gunshots or other blasts, using sirens on vehicles irregularly, or doing any other indecent behavior in streets, squares and public places, which clearly affect peace and morality or show a clear indifference for the environment, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 275

Wrongful intentional37 use of telephone calls

35Gadishmëri in the Albanian original.

36Mjet lajmërimi e thirrjeje in the Albanian original.

37Keqdashje in the Albanian original.

Wrongful intentional use of telephone calls made to breach a third party's peace and quiet enjoyment constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

Article 276

Unlawful use of the Red Cross emblem

Unlawful use of the emblem of the Red Cross or the Red Crescent, when it has caused serious material consequences, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

When the criminal act has led to death or serious harm to the health of an individual, it is punishable by a fine or up to ten years of imprisonment.

Article 277

Self-made justice

The exercise of a purported right by a person who retains it or who thinks he does but it is not recognized by another person, without addressing the appropriate state competent body, constitutes criminal contravention and is punishable by a fine or up to three months of imprisonment.

Article 278

Illegal manufacturing and keeping military weapons and ammunition

Manufacturing military weapons or ammunition, bombs, mines, or explosive materials without the permission of competent state bodies, is punishable by three to ten years of imprisonment.

Holding, weapons, bombs, mines or explosive materials without the authorization of state competent bodies, is punishable by a fine or up to seven years of imprisonment.

Carrying military ammunitions without the permission of the state competent agencies constitutes a penal contravention and is punished by a fine or imprisonment up to 2 years.

The same act, when performed in big quantities in cooperation, more than once, or when it has caused serious consequences, is sentenced with imprisonment from five to fifteen years.

Article 278/a

Trafficking of weapons and munitions

Importing, exporting, transiting and trading, in opposition with the law, resulting in other or material benefits, is sentenced by imprisonment from seven to fifteen years.

This very act, when committed by accomplices, more than once, or when it brought about serious consequences, is condemned by imprisonment from ten to twenty years.

Article 279

Illegally manufacturing and keeping weapons with blades38

Manufacturing, keeping, buying or selling weapons with blades, such as swords, bayonets, knives and other means prepared and intended specifically for assaulting people or for self-defense, without the authorization of state competent bodies, is punishable by a fine or up to five years of imprisonment.

Article 280

Illegally manufacturing and keeping hunting and sporting rifles

Manufacturing, keeping, buying or selling hunting or sporting rifles, as well as their ammunition, without the authorization of state competent bodies, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 281

Breach of rules on poisonous substances

Breaching prescribed rules for keeping, manufacturing, using, storing, transporting or selling poisonous substances with strong effect, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

When the criminal act has led to death, serious harm to the health of people or other serious material consequences, it is punishable by a fine or up to ten years of imprisonment.

Article 282

Breach of rules on explosive, flammable or radioactive substances

Breach of prescribed rules for keeping, manufacturing, use, storing, transporting and sale of explosive, firing or radioactive substances, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

When the criminal act has lead to death or has caused serious harm to the health of people or other serious material consequences have resulted, is punishable by a fine or up to ten years of imprisonment.

Article 282/a

Traffic of explosive, burning, poison and radioactive matters

The illegal import, export, transit, and trade of explosive, burning, poison and radioactive substances, in order to have material or other benefits, is punishable by imprisonment from 7 to 15 years.

This very act, when committed by accomplices, or more than once, or when it brought about serious consequences, is sentenced by imprisonment from 10 to 20 years.

38Armë të ftohta in the Albanian original.

Article 283

Manufacturing and selling narcotics

Selling, offers to sell, giving or taking in any form, distribution, trading, transport, sending, delivering, and keeping (besides cases when it is for personal use and in small doses) of narcotic and psychotropic substances and seeds of narcotic plants, when it is illegal, is punished by imprisonment from five to ten years.

This very act, when committed by accomplices, or more than once, is punished by imprisonment from 7 to 15 years

Organizing, managing or financing this activity is punishable by ten to twenty years of imprisonment.

Article 283/a

Traffic of narcotics

The illegal import, export, transit, and trade of narcotic and psychotropic substances and narcotic plant seeds is punished by imprisonment from 7 to 15 years.

This very act, when committed by accomplices, or more than once, is punished by imprisonment from 10 to 20 years.”

Organizing, running, or financing this activity is punished by imprisonment not less than 15 years.

Article 283/b

Facilitating the drugs intake and use

Illegal facilitation of narcotic or psychotropic substances, by the persons, who because of their duty administer such substances, in opposition with the respective legal dispositions, is punished by imprisonment from three to seven years.

Article 284

Cultivating narcotic plants

Planting plants that serve or are known to serve in producing and obtaining the narcotic and psychotropic substances, when, based on law, they are without permission and authorization, is punished by imprisonment from three to seven years

The same act, when committed in cooperation , or more than once, is punished by imprisonment from five to ten years.

Organizing, managing or financing this activity is punishable from seven to fifteen years of imprisonment.

Article 284/a

Organizing and leading criminal organizations

Organizing, leading and financing criminal organizations with the goal of cultivating, producing, fabricating or illegal trafficking of the narcotics is punishable by imprisonment of 10 up to 20 years.

Creation of conditions or facilities for such activities by persons with state functions is punishable by imprisonment from 5 to 15 years.

Article 284/b

Supporting the disclosure of crimes

The arrested or sentenced person for one of the criminal offences related to trafficking in the narcotics, weapons, clandestine, prostitution or with criminal offences committed from criminal organizations, that cooperates and assists the criminal proceeding organs in the struggle against them, or as the case might be, in the finding of other persons that commit such crimes, cannot be sentenced more then half of the contemplated punishment for the offense committed by him. In specific cases, when there concur mitigating circumstances in his favor, this person can be excluded from the punishment.

Article 284/c

Producing and manufacturing narcotic and psychotropic stuff

Producing, manufacturing, extracting, refining, preparing without license or by surpassing its limits, of narcotic and psychotropic substances, is punished by imprisonment from five to ten years.

This very act, when committed by accomplices, or more than once, is punished by imprisonment from seven to fifteen years.

Organizing, running, or financing this activity is punished by imprisonment from 10 to 20 years.”

Article 284/ç

Illegal production, trade, and use of precursors

Illegal production, import, export, transit, trade and holding of precursors (that are included, based on the law, in the pertinent charts/tables) is punished by imprisonment up to five years.

This very act, when committed by accomplices, or more than once, is punished by imprisonment from three to seven years.

Organizing, running, or financing this activity is punished by imprisonment from 5 to 15 years.

Article 285

Holding, producing, and transporting chemical substances

Production, holding, transportation or distribution of basic or other kind of chemicals, equipment, materials, if it is known that they are used or will be used to illegally produce or traffic narcotic or psychotropic substances, is punished by imprisonment from three to ten years.

Article 285/a

Fitting premises for drugs use

Fitting or allowing the adaptation of premises, buildings, vehicles and any other public or private means in order to gather people; so that, they may use narcotic or psychotropic substance, is punished by imprisonment up to five years.

Article 285/b

Throwing way or getting rid of syringes

Throwing out or leaving behind syringes used for narcotic and psychotropic substances, in public places or sites that are considered open for the public, and in private premises, does

constitute a penal infringement and is punished by a fine or imprisonment up to one year

Article 286

Inducing the use of drugs

Urging/ soliciting other people to use narcotic and psychotropic substances or giving them for use or injecting them to other people without their cognition/knowledge or consent, is punished by imprisonment from five to ten years.

When the inducing or forced injection is conducted upon children or in penitentiary39, educational, sport or any other institutions providing social activity, it is punishable not less than fifteen years of imprisonment.

Article 286/a

Illegal use of high technology

Production and running of systems, equipment, and means of high technology, in cases of penal acts included in the articles 283 until 286/a of this Code, or when this technology is used to facilitate or enable the consumption of narcotic or psychotropic substances , or broadcasting advertisements to promote their use, is punished by imprisonment up to five years.

Article 287

Laundering of crime proceeds

1. Laundering of crime proceeds committed through:

a) exchange or transfer of assets, that is known to be a crime proceed, for hiding or concealing the illegal origin of the of the asset or giving of assistance to avoid the juridical consequences related with the criminal offence committal;

b) hiding or covering up of the nature, source, position, location, shift of property or other rights, related to the asset that is a crime proceed;

c) performance of financial activities and fragmented/structured transactions to avoid reporting according to the money laundering law;

39Institucione penale in the Albanian original.

ç) gaining, possession or use of an asset when it is known that it is a crime proceed;

d) Public call, counseling or incentive to commit any of the offences specified above;

dh) the use and investment in economic or financial activities of the money or objects that are products of the criminal acts;

are punished with imprisonment from three to ten years and with fine from 500 thousand up to 5 million leke.

2. When this offence is committed during the exercise of a professional activity, in cooperation, or more than once, it is punished with imprisonment from five to fifteen years and with a fine form 800 thousand leke up to 8 million leke, while when there are grave consequences, it is punished by imprisonment not less than fifteen years and with fine from 3 million leke up to 10 million leke.

3. Dispositions of this law are also applied in the cases when the person that has committed the offence from which come the crime proceeds, cannot be taken as defendant, cannot be punished, exists a cause which obliterates the criminal offence or one of the on of the penal proceeding conditions for such a criminal offence is missing.

Article 287/a

Opening of the anonymous accounts

Opening of deposits or anonymous bank accounts or with unreal names, is punished by imprisonment up to three years and with fine form 200 thousand leke up to 2 million leke.

Article 288

Producing and selling foods and other substances dangerous to the health

Producing, importing, storing or selling foods, drinks and other substances, or medicine which are dangerous or harmful to life or health, as well as introducing chemicals, materials or additive substances into the production and processing of food and drinks, when those acts have led to death or serious harm to the health of an individual, is sentenced up to ten years of imprisonment.

When the act has caused death or serious harm to the health of more than one person, it is punishable by no less than five years of imprisonment.

Article 288/a

Illegal production of industrial and food items/commodities

Illegal production of industrial and food items/commodities constitutes a penal contravention and is punished by a fine or imprisonment up to 2 years.

This very act, when committed by accomplices, or more than once, or when it brings about serious consequences, is punished by imprisonment from three to ten years.

Article 289

Breach of rules of work-related protection

Causing death or serious harm to the health of an individual because of intentional disregard of rules related to work, production, service, provided for by laws, acts of the Council of the Ministers or in the pertinent regulations of technical safety, technical discipline, work-related protection, hygiene and fire safety by an individual designated to respect those rules and to implement them, is punishable by a fine or up to ten years of imprisonment.

When the criminal act has caused death or serious harm to the health of more than one person, it is punishable by no less than five years of imprisonment.

Article 290

Breach of traffic regulations

Breach of traffic regulations, when it has caused the death, serious injury to a person or injuries to more than one person, is punishable by a fine or up to ten years of imprisonment.

When the criminal act has caused the death or serious injury to more than one person, it is punishable by no less than five years of imprisonment.

Article 291

Driving while inebriated or without a license

Driving vehicles or other motorized transport while inebriated or without a license, constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment.

Article 292

Breach of working-standards in transportation

Breach of working-standards in railway, water, or air transportation by transport employees, which has caused death or serious harm to the health of an individual, is punishable by a fine or up to ten years of imprisonment.

When the criminal act has caused death or serious injury to more than one person, it is punishable by no less than five years of imprisonment.

Article 293

Blocking transportation40

Placing obstacles in the way of, or blocking by any means, the movement of any means of transportation, whether automobile, railway, water or air is punishable by a fine or up to three years of imprisonment.

SECTION IV

CRIMINAL ACTS AGAINST STATE SECRETS AND STATE BORDERS

40Pengimi i qarkullimit të mjeteve të transportit in the Albanian original.

Article 294

Divulging of state secrets by a person entrusted with then

Divulging, spreading, or informing facts, figures, contents of documents or materials which, according to a publicly known law,41 constitute state secrets, by the person entrusted with them or who became informed of them because of his capacity, is punishable by a fine or up to five years of imprisonment.

When the same act is committed publicly, it is punishable by a fine or up to ten years of imprisonment.

Article 295

Divulging of state secrets by citizens

Divulging, spreading, or informing facts, figures, contents of documents or materials that, according to a publicly known law, constitute state secrets, by any person who becomes informed of them, is punishable by a fine or up to three years of imprisonment.

When the same act is committed publicly, it is punishable by a fine or up to five years of imprisonment.

Article 296

Loss of secret documents

Loss of documents or other materials, which, according to a publicly known law, constitute state secrets, by the person in charge of their protection and use, is punishable by a fine or up to three years of imprisonment.

Article 297

Illegally crossing state border

Illegally crossing the state borders constitutes a criminal contravention and is punishable by a fine or up to two years of imprisonment and.

Article 298

Assistance for Illegal Crossing of the Border

Sheltering, accompanying, putting at the disposition or use of means of sea transport, air transport or other means of transport, with the purpose of assisting in the unlawful crossing of the border, is punished with imprisonment of from one to four years and with a fine of from three million to six million lek.

When the assistance is given for purposes of profit, it is punished with imprisonment of from three to seven years and with a fine of from three million to six million lek.

41Sipas ligjit të njohur publikisht in the Albanian original.

When this offence is committed in collaboration or more than once or has brought serious consequences, it is punished with imprisonment of from five to 10 years and with a fine of from six million to eight million lek.

When the offence has brought the death of the victim as a consequence, it is punished with imprisonment of no less than 15 years or with life imprisonment, as well as with a fine of from eight million to 10 million lek.

When the criminal offence is committed through the utilization of a state function or public service, the punishment of imprisonment and the fines are increased by one fourth of the punishment given.

Article 299

Breach of flight rules

Breach of international flight rules such as entering or leaving the territory of the Republic of Albania without a flight permit, ignoring flight lanes, landing places, flight corridors or designated cruising altitude, is punishable by a fine or up to five years of imprisonment.

CHAPTER IX

CRIMINAL ACTS AGAINST JUSTICE

Article 300

Failure to report a crime

Failure to report a crime that is in the process of being committed or which has been committed, to the organs of criminal prosecution, to the court, to the organs of public order, [or to the appropriate] authorities42 or administration, is punishable by a fine or up to three years of imprisonment.

Linear ascendants43 and offspring, brothers and sisters, spouses, adoptive parents and adopted children, as well as persons obliged to keep secrecy because of their capacity or profession, are excluded from the obligation to report.

Article 301

Obstruction of justice

Committing actions to change the scene where a criminal act was committed by destroying, changing or removing44 traces or by moving, hiding, annihilating, stealing, falsifying an item or document with the intent of increasing the difficulty on preventing the discovery of a criminal act and its perpetrator, is punishable by a fine or up to three years of imprisonment.

42Pushtet in the Albanian original.

43Të paralindur in the Albanian original.

44Duke fshirë in the original.

Article 302

Harboring a fugitive

Supplying the perpetrator of a crime with food, other means of living, or providing him housing, lodging or with any other assistance with the intent of preventing his discovery from search, apprehension or arrest, is punishable by a fine or up to five years of imprisonment.

The same offence when committed in association to criminal offences provided in articles 234/a, 234/b, 284/a, 333, 333/a, of this Code, it is punished with imprisonment for a term of from two to seven years.

Linear ascendants and offspring, brothers and sisters, spouses, adoptive parents and adopted children are excluded from criminal responsibility.

Article 303

Hiding or disfiguring a corpse beyond recognition

Hiding or disfiguring beyond recognition the corpse of a victim of murder or other violent act, committed with the intent of assisting the executor of the crime to evade from a search, apprehension and arrest, is punishable by a fine or up to five years of imprisonment.

Article 304

Obligation to report the evidence

Failing to appear promptly to report or testify before the prosecutor, court or organs of public order about evidence that a person knows which exculpates an accused or convicted person from a criminal act, is punishable by a fine or up to five years of imprisonment.

The perpetrator of the criminal act, as well as the individuals who become aware of the evidence because of their capacity and profession and are compelled not to report or testify it are excluded from the obligation to report.

Article 305

False report

Falsely reporting a crime that has not been committed, or falsely reporting a person who is known that has not committed a crime, as well as fabricating false evidence with the intent of commencing criminal prosecution, is punishable by a fine or up to five years of imprisonment.

Article 306

Perjury

Perjury in front of the court constitutes a penal transgression and is punished by a fine or imprisonment up to 2 years.

When false testimony/ witness is made for purposes of profit or any other interest given or promised, it is punishable by a fine or up to three years of imprisonment.

When this offence is committed in relation to criminal offences provided by articles 234/a, 234/b, 284/a, 333, 333/a, of this Code, it is punished with imprisonment for a term of one to four years.

Article 307

Refusing to testify

Refusing to answer questions concerning knowledge of a criminal act or its executor, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

When false testimony is made for embezzlement or any other interest given or promised, it is punishable by a fine or up to three years of imprisonment.

Article 308

False translation

Intentional distortion of the content of a document or writing offered for translation by the organs of criminal prosecution or by the court or false translation committed before them, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

When refusal to testify is made for embezzlement or any other interest given or promised, it is punishable by a fine or up to three years of imprisonment.

Article 309

False expertise

Intentional provision of false results in reports by an expert, conducted in writing or verbally before organs of criminal prosecution or before the court is punishable by a fine or up to three years of imprisonment.

When false expertise is provided for embezzlement or any other interest given or promised, it is punishable by a fine or up to five years of imprisonment.

Article 310

Refusing to appear as a witness, expert or translator

Refusing to appear as a witness, expert or translator, without reasonable cause, or refusal to carry out duties assigned by the organ of criminal prosecution or the court, constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment.

Article 311

Threat to remain silent

A threat made to a victim of a criminal act to not report, or complain or a threat to withdraw the report or complaint, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 312

Active corruption of the witness, expert or interpreter

Direct or indirect proposal, offer, or giving to a witness, expert or translator any irregular benefit for himself or a third party in order to secure false declarations or testimony, expertise or translation or to reject carrying out their obligation to the criminal prosecution bodies and the court is punished with a prison term of up to four yers and a fine of 500,000 to two million Leke.

Article 312/a

The threat to do false statements or testimonies, expertise of interpretation

Blackmail or other violent acts to a person to secure false declarations or testimony, expertise or translation or to reject carrying out their obligation to the criminal prosecution bodies and the court is punished with a fine or a prison term of up to three years.

Article 313

Unlawful criminal prosecution

Conducting unlawful criminal prosecution by the prosecutor against a person who is known to be innocent is punishable by a fine or up to five years of imprisonment.

Article 313/a

File’s disappearance or loss

Any disappearance or loss of a file dealing with the investigation or judgment, or removing part of documents, or other data attached to them, when they brought about serious consequences harming residents’ or state’s interests, is punished by a fine or imprisonment up to five years.

Article 313/b

Prohibition on providing and publishing data contrary to the law

1. Making public, in media as well, information of a classified and confidential nature to the information means, contrary to law, endangering the life, physical integration or the liberty of persons protected by law no. 9205 dated 15.03.2004 “On Protection of witnesses and justice collaborators” constitutes a crime, and is punished with a fine or with imprisonment of up to two years of time, and when there have come serious consequences for the their health with imprisonment for a term of up to 6 months up to three years.
2. When this offence is committed by one of the persons who is under the liability to maintain the classified and confidential nature of the information, is punished with fine or imprisonment for a term of up to tree years and, if there are serious effects on their health as a consequence, with imprisonment from 2 year to five year.

3 - When the offence has caused the death as a consequence, it is punished with

imprisonment from three to ten years.

Article 314

Use of violence during investigation

Use of violence by the person in charge of an investigation to force a citizen to make a statement, give testimony or confess his guilt or someone else’s, is punishable by three to ten years of imprisonment.

Article 315

Unfair sentencing

Giving a conclusive court sentence that is known to be unfair is punishable by three to ten years of imprisonment.

Article 316

Opposing and assaulting a judge

Opposing violently, assaulting or committing other violent acts against a judge or other members of the trial panel, a prosecutor, defense lawyer, experts, any arbitrator assigned to a case, with the intent to prevent him from carrying out his duty or because of it, is punishable by a fine or up to seven years of imprisonment.

Article 317

Threat to a judge

A threat to a judge, other members of trial panel, prosecutor, defense lawyer, experts, or every arbitrator assigned to a case because of their activity, is punishable by a fine or up to three years of imprisonment.

Article 318

Insulting a judge

Insulting a judge or other members of trial a panel, the prosecutor, the defense lawyer, the experts, or any arbitrator assigned to a case, because of their activity, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 319

Active corruption of the judge, prosecutor and of other justice official

The direct or indirect proposal, offer, or giving, a judge, prosecutor, or other employees of the judicial bodies, any irregular benefit for himself or a third person in order to act or not act, regarding his duty, is punished with a prison term of one to four years and a fine from 400,000 to two million Leke.

Article 319/a

The passive corruption of the judges, prosecutors and other officials of the justice bodies/system

Direct or indirect soliciting or taking, being a judge, prosecutor, or other employees of the judicial bodies, of any irregular benefit or any such offer for himself or a third person, or accepting an offer or promise deriving from an irregular benefit in order to act or not act, regadring their duty, is punished with a prison term of three up to10 years and a fine from 800,000 Leke to four million Leke.

Article 320

Preventing the enforcement of court decisions

Hiding, altering 45, using46, damaging or destroying the things which have been the subject of a court decision, or carrying out other acts with the intent of preventing the enforcement of the court’s decision, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 320/a

The failure to execute the court decision without grounded reasons

The failure to execute the penal or civil decision of the court, with no grounded reasons, by the employee charged with the execution of the decisions, constitutes a penal contravention and is punished by a fine or imprisonment up to 2 years.

When this act is committed in order to obtain/ solicit benefits or any other interests, given or promised, and when it favors persons that are interested not to see the decision being executed, is punished by a fine or imprisonment up to three years.

Article 321

Acts opposing court’s decision

Committing acts that oppose a court’s decision about obligations arising from additional punishment ordered by it, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

45Tjetërsim in the Albanian original.

46Konsumim in the Albanian original.

Article 322

Destruction of seals

Intentional destruction of seals and other signs placed upon different objects by the organs of criminal prosecution and of the judiciary, constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment.

Article 323

Escape of the convicted from the place of detention

Escape of a person under arrest, custody, or of a person sentenced to imprisonment from the place of (mandatory) detention or during his transportation from one place to the other, is sentenced up to five years of imprisonment.

When the criminal act is committed violently or through the use of firearms, inflammable materials, explosives or poisonous materials, it is punishable by five to fifteen years of imprisonment.

Article 324

Assisting a fugitive

Giving advice, information, [or] assistance, to a person who is under arrest, held in custody, or convicted to imprisonment, with the intention of permitting escape from the place of mandatory detention is punishable by a fine or up to five years of imprisonment.

When the assistance is given by a person in charge of guarding, supervising or transporting, or who, because of his capacity has the right to enter in penitentiary institutions or to make contact with persons who are under arrest, held in custody, or convicted to imprisonment, it is punishable by a fine or up to five years of imprisonment.

CHAPTER X

CRIMINAL ACTS AFFECTING FREE ELECTIONS AND THE DEMOCRATIC SYSTEM OF ELECTIONS

Article 325

Preventing [electoral] subjects from election to representative bodies

The prevention either violently or through any other means electoral entities to conduct regularly their activity in conformity with the law during an election campaign, is punishable by a fine or up to three years of imprisonment.

Article 326

Falsifying documents and election results

Presenting to the election documents of data, circumstances, figures, which are known to be incorrect, drafting false documents and replacement of the originals47 with forged copies, committed by persons in charge of drafting, assessing, providing the results or storing the documents, is punishable by a fine or up to five years of imprisonment.

Article 327

Violating voting secrecy

Violating voting secrecy by persons in charge of elections constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

Article 328

Remuneration and promises

Offering or giving money, making promises for jobs or other favors in any form, with the intent of getting signatures for presenting a candidate, for voting in favor or against a candidate or for taking part in or abstaining from taking part in elections, constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment.

Accepting money, promises or other favors in order to conduct the above-mentioned actions, constitutes criminal contravention and is punishable by a fine.

Article 329

Threat to the voter

Threat to a voter to vote in favor of or against a candidate or to take part or to avoid taking part in an election constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 330

Threat to the candidate

Threat or any other unlawful act toward the candidate with the intent of [forcing him to] withdraw his candidacy or to prevent him from exercising any activity legally permitted during an election campaign, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

Article 331

Violation of election rights

Intentional failure to register on election lists people who enjoy election rights or intentional registration thereon of persons, who do not enjoy these rights, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.

47Të saktave in the Albanian original.

Article 332

Abuse of military authority

Abuse of military authority by a military official of any rank in order to influence the voting of the other military under his orders, through commands, advice or any other propaganda, constitutes criminal contravention and is punishable by a fine or up to two years of imprisonment.

CHAPTER XI

CRIMINAL ACTS COMMITTED BY AN ARMED GANG OR CRIMINAL ORGANIZATION

Article 333

Criminal organizations

The creation, the organization or the guidance of the criminal organizations is sentenced with imprisonment of 5 to 15 years.

Participation [only] in a criminal organization is punished with imprisonment for a term of from four to eight years

If the criminal organization is armed and its members possess weapons, explosive materials for the purpose of fulfilling its criminal activity, even if they are hidden or kept in special places, the imprisonment sentence is increased with one third.

If the economic activity which the members of the criminal organization aim to undertake or to keep under control, is financed in whole or part with proceeds of criminal offences, the measure of sentence according to the paragraphs above-mentioned in this article is increased by one third to one half of that.

Article 333/a

The structured criminal group

The establishment, the organization or the leading of a structured criminal group with the purpose of committing crimes, is sentenced with imprisonment for a term of from three to eight years.

Participation in the structured criminal group is punished with imprisonment for a term of from two to five years.

Article 334

Commission of criminal offences by the criminal organisation and the structured criminal group

I. Commission of criminal offences by the members of the criminal organization and of the structured criminal group is sentenced according to the respective criminal provisions by augmenting the sentence for the crime committed with five years of imprisonment, as well as the fine in the measure of 1/3 but without exceeding the maximum limit of the imprisonment sentence.

II. When the respective criminal provision contains imprisonment or life imprisonment, it is punishable by twenty-five years of imprisonment or to life imprisonment.

III. When the respective criminal provision contains life imprisonment, it is punishable by life imprisonment.

Article 334/1

Regardless of article 278, are excluded from the penal prosecution for illegal weapon and munitions carrying , persons who, in accordance with the legislation in power, will voluntarily hand over the weapons till 31.5.2005.

In any case are not excluded from penal prosecution for arm bearing without permission, persons that have committed a criminal offence, using as a tool for this purpose army weapons and munitions.

Persons, who, after this law comes into power, declare that they do not bear weapons or army munitions and from controls exercised in accordance with the respective dispositions of the Criminal Procedure Code, there were found hidden weapons and munitions, are not excluded from penal prosecution.

Article 335

The effective date of this code is June 1, 1995. Any repealed legal acts, the effects of this code, and the way it will enter into force, shall be designated by a separate law.

SPEAKER OF THE PARLIAMENT

Pjetër Arbnori


Legislation Is superseded by (1 text(s)) Is superseded by (1 text(s)) WTO Document Reference
IP/N/1/ALB/2
No data available.

WIPO Lex No. AL037