The final draft of the Criminal Amnesty is clarified, which is expected to be voted on on Thursday in the Assembly and which clearly shows and defines the criteria that will be followed for the convicts who benefit from the amnesty.
The draft law also defines the categories that are excluded and do not benefit from the amnesty.
DRAFT
REPUBLIC OF ALBANIA
ASSEMBLY
DRAFT LAW No.______/2024 ON GRANTING AMNESTY
In support of articles 81, points 1 and 2, letter “ë”, and 83, point 1, of the Constitution, with the proposal of the Council of Ministers, the Assembly of the Republic of Albania
DECIDE:
Article 1
Purpose and principles of the law
The purpose of this law is to exempt all persons who meet the criteria, according to the provisions of this law, from serving the sentence and prosecution, in whole or in part.
The granting of amnesty, according to this law, is governed by:
a) the principle of humanism;
b) achieving the goal of punishment;
c) the low dangerousness of the persons who are amnestied;
ç) education and rehabilitation;
d) protection of public interest;
dh) providing the possibility of easier and faster integration of juvenile and female convicts;
e) increasing efficiency in the justice system;
ë) protection of the best interest of the child.
Everywhere in the text of the draft law, the deadline 30.11.2023 is replaced by the deadline 31.01.2024.
Article 2
Definitions
In this law, the following terms have the following meanings:
“Convicted” is considered:
the person convicted by the courts of first instance of general jurisdiction and the courts of first instance against corruption and organized crime and who, within the legal term, was not appealed to the relevant courts of appeal, taking final form by 01.2024 ;
the person convicted until 01.2024 by the appellate courts of general jurisdiction and the appellate court against corruption and organized crime;
the person convicted until 01.2024 when the Supreme Court decided to overturn the decision of the court of appeal and to uphold the decision of the court of first instance, as well as the person convicted by the Supreme Court, when this court decided to change the decisions of the court of appeal and the court of first instance, until 31.01.2024.
“Person who has evaded justice” is a person who is hiding, absconding or absconding, who, although he knows, willfully avoids criminal proceedings, the implementation of security measures or the execution of the final judicial decision of the punishment.
Article 3
Criteria for benefiting from amnesty from serving a sentence
Excluded from serving the sentence:
male persons, convicted by a final court decision, with imprisonment up to 4 years or any other type of milder punishment, including a fine or one of the alternatives to imprisonment, for sentences given until 01.2024, regardless of the time remaining from the sentence;
female persons, convicted by a final court decision, with imprisonment up to 5 years or any other type of milder punishment, including a fine or one of the alternatives to imprisonment, for sentences given until 01.2024, regardless of the time remaining from the sentence;
male persons, sentenced to imprisonment, who, until the date of entry into force of this law, have not suffered from this sentence for up to 4 years;
ç) female persons, sentenced to imprisonment, who, until the date of entry into force of this law, have not served this sentence for up to 5 years;
male convicted persons, who on the date of entry into force of this law are equal to or over the age of 60;
dh) convicted female persons, who, on the date of entry into force of this law, are equal to or over the age of 50;
persons sentenced to imprisonment, who, at the time of committing the criminal offense, were equal to or under the age of 18.
Persons who evaded justice are not excluded from serving the sentence, according to the definition of point 2, article 2, of this law.
Article 4
Prohibitory criterion for benefiting from amnesty
Regardless of the provisions of letters “a”, “c” and “d”, of Article 3, of this law, persons convicted of:
crimes against humanity, provided for in articles 73, 74, 74/a and 75 of the Criminal Code;
crimes against life, committed intentionally, provided for in articles 76, 77, 78, 78/a, 79, 79/a, 79/b, 79/c, 80, 81, 82, 83, 83/a, 83 /b and 84/a of the Criminal Code, as well as in Article 77 of the Military Criminal Code;
criminal offenses committed intentionally against health, provided for in articles 86, 87, 88, 89/a, 93, 96 and 99 of the Criminal Code;
ç) sexual crimes, provided for in articles 100, 101, 102, 102/a, 103, 104, 105, 106, 107/a, 108 and 108/a of the Criminal Code;
criminal offenses against the freedom of the person, provided for in articles 109, 109/a, 109/b, 109/c, in the second paragraph of article 110, in articles 110/a, 110/b, 110/c and 111 of the Code Criminal;
dh) criminal offenses against morality and dignity, provided for in Article 114, in the second and third paragraphs of Article 117, in Articles 119, 120, 121 and 121/a of the Criminal Code;
criminal offenses against children, marriage and family, provided for in the second paragraph of article 124, in article 124/a, in the second and third paragraphs of article 124/b, in articles 128/a, 128/b, 129 and 130/a of the Criminal Code;
ë) criminal offenses against property and in the economic sphere, provided for in the third paragraph of Article 134, in Articles 135, 136, in the second paragraph of Article 137/a, in the second paragraph of Article 138, in Articles 138/a , 139, 140, 141, 141/a, in articles 143/a, 143/b, 144/a, 151, 152, 153, 154, 154/a, in the second and third paragraphs of article 155, in paragraph second paragraph of Article 159, in the second paragraph of Article 160, in Articles 164/a, 164/b, 175, in the second and third paragraphs of Article 180 and in Article 181/a of the Criminal Code, as well as in paragraphs the second and third of article 59 of the Military Penal Code;
criminal offenses against forgery of documents, provided for in the second paragraph of article 186/a, in the second paragraph of article 187, in the second paragraph of article 188, in articles 190, 191, 192 and in the second paragraph of article 192 /b of the Criminal Code;
criminal offenses that violate the legal regime of land and construction, provided for in the third and fourth paragraphs of Article 199/a and Article 199/b of the Criminal Code;
gj) criminal offenses against the environment, provided for in the second, third, fourth and fifth paragraphs of Article 201, in Articles 201/a, 201/b, 201/c, 201/ç, 202, 202/b, 203, 206/a and 206/b of the Criminal Code;
crimes against independence and constitutional order, provided for in articles 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 and 225 of the Criminal Code;
crimes that violate relations with other states, provided for in articles 226 and 228 of the Criminal Code;
acts with terrorist intent, provided for in articles 230, 230/a, 230/b, 230/c, 230/ç, 231, 232, 232/a, 232/b, 233, 234, 234/a and 234/b of the Criminal Code;
crimes against state authority, provided for in articles 237, 243, 244, 244/a, 245, in the second paragraph of article 247, in articles 248, 248/a, 250, 252, 253, 257, 257/a, 258, 259, 259/a, 260, the first paragraph of article 263, 265, 265/a, 265/b, 265/c, 266, 267, 268, 270, 271, in the first, second, six, seven and eight of article 278, in articles 278/a, 278/b, in the second paragraph of article 281, in the second paragraph of article 282, in articles 282/a, 282/b, 282/c , 283, 283/a, 284, 284/a, 284/c, 284/ç, 284/d, 285, 286, 287, 287/a, 287/b, 288, 288/a, 288/b, 288 /c, 288/ç, in the second paragraph of Article 289, in the second, third and fourth paragraphs of Article 290, in the second paragraph of Article 292, in Articles 293/a, 293/b, 293/c , 293/ç, 294, 295, in the first, third, fourth, fifth and sixth paragraphs of Article 295/a, in the fourth and fifth paragraph of Article 298, in Article 299 of the Criminal Code, as and in Article 70 of the Military Criminal Code;”.
criminal offenses against justice, provided for in articles 302, 303, 305, 311, 312, 312/a, 313, 313/a, 313/b, 314, 316, 317, 318, 319, 319/a, 319/b , 319/c, 319/ç, 319/d, 319/dh, 319/e, in the second paragraph of Article 323, in Article 324 and in the second paragraph of Article 324/a of the Criminal Code;
ll) criminal offenses that affect free elections and the democratic election system, provided for in articles 325, 326, 326/a, 327, 327/a, 328, 328/a, 328/b, 329, 330, 330/a , 331, 331/a, 332 and 332/a of the Criminal Code;
criminal offenses committed by armed gangs and criminal organizations, provided for in articles 333, 333/a and 334 of the Criminal Code.
Regardless of the provisions of letters “b”, “ç”, “dh” and “e” of Article 3 of this law, persons convicted of:
crimes against humanity, provided for in articles 73, 74, 74/a and 75 of the Criminal Code;
crimes against life, committed intentionally, provided for in articles 76, 77, 78, 78/a, 79, 79/a, 79/b, 79/c, 81 and 83/b of the Criminal Code;
criminal offenses committed intentionally against health, provided for in articles 86, 87, 88 and 89/a and 93 of the Criminal Code;
ç) sexual crimes, provided for in articles 100, 101, 103, 104, 105, 106, 107/a 108 and in the second paragraph of article 108/a of the Criminal Code;
criminal offenses against the freedom of the person, provided for in articles 109, 109/b, 109/c, in the second paragraph of article 110, in articles 110/a, 110/b, 110/c and 111 of the Criminal Code;
dh) criminal offenses against morality and dignity, provided for in the second paragraph of Article 114, in the second and third paragraphs of Article 117 and in Article 121 of the Criminal Code;
criminal offenses against children, marriage and family, provided for in the second paragraph of article 124, in article 124/a, in the second and third paragraphs of article 124/b, in articles 128/a and 128/b and 129 of the Code Criminal;
ë) criminal offenses against property and in the economic sphere, provided for in articles 135, 136, in the second paragraph of article 137/a, in the second paragraph of article 138, in articles 139, 140, 141, 143/a, 143 /b, 144/a, 151, 152, 153, 154, 154/a, in the second and third paragraphs of Article 155, in the second paragraph of Article 159, in Articles 164/a, 164/b, 175, in the second and third paragraphs of Article 180 and Article 181/a of the Criminal Code;
criminal offenses against forgery of documents, provided for in the second paragraph of article 186/a, in the second paragraph of article 187, in the second paragraph of article 188, in articles 190, 191 and 192 and in the second paragraph of article 192 /b of the Criminal Code;
criminal offenses against the environment, provided for in the second, third, fourth and fifth paragraphs of article 201, 201/a, 201/b, 201/c, 201/ç, 202, 202/b, 203, 206/ a, 206/b, of the Criminal Code;
gj) crimes against independence and constitutional order, provided for in articles 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 and 225 of the Code Criminal;
crimes that violate relations with other states, provided for in articles 226 and 228 of the Criminal Code;
acts with terrorist intent, provided for in articles 230, 230/a, 230/b, 230/c, 230/ç, 231, 232, 232/a, 232/b, 233, 234, 234/a and 234/b of the Criminal Code;
crimes against state authority, provided for in articles 243, 244, 244/a, 245, 248, 248/a, 250, 253, 257, 257/a, 258, 259, 259/a, 260, the first paragraph of article 263 , 265, 265/a, 265/b, 265/c, 266, 267, 268, in the fifth, sixth, seventh and eighth paragraphs of Article 278, in Articles 278/a and 278/b, in the second paragraph of Article 281, in the second paragraph of Article 282, in Articles 282/a, 282/b, 282/c, 283, 283/a, 284, 284/a, 284/c, 284/ç, 284/d, 285 , 286, 287, 287/a, 287/b, 288, 288/a, 288/b, 288/c, 288/ç, in the second paragraph of Article 289, in the second, third and fourth paragraphs of Article 290, in the second paragraph of Article 292, in Articles 293/a, 293/b, 293/c, 293/ç, 294, 295, in the first, third, fourth, fifth and sixth paragraphs of Article 295/a, in the fourth and fifth paragraphs of Article 298 and Article 299 of the Criminal Code, as well as in Article 70 of the Military Criminal Code;
criminal offenses against justice, provided for in articles 302, 303, 311, 312, 312/a, 313, 313/a, 313/b, 314, 316, 317, 318, 319, 319/a, 319/b, 319 /c, 319/ç, 319/d, 319/dh, 319/e, in the second paragraph of Article 323, in Article 324 and in the second paragraph of Article 324/a of the Criminal Code;
criminal offenses affecting free elections and the democratic election system, provided for in articles 325, 326, 326/a, 327, 327/a, 328, 328/a, 328/b, 329, 330, 330/a, 331 , 331/a, 332 and 332/a of the Criminal Code;
criminal offenses committed by armed gangs and criminal organizations, provided for in articles 333, 333/a and 334 of the Criminal Code.
Neni 5
Criteria for benefiting from amnesty from reduction of sentence
All convicted persons, who do not meet the criteria to be exempted from serving the sentence, according to Article 3 of this law or, even though they meet the criteria for benefiting from amnesty according to this article, are not exempted from serving the sentence due to from the prohibitive criteria defined in points 1 and 2, of article 4 of this law, the following shall be deducted:
1 year and a half from the remaining sentence, for convicted persons, women, and minors;
1 year from the remaining sentence, for convicted persons, men.
Regardless of the provisions of point 1 of this article, the following shall not benefit from a reduction of the sentence:
persons sentenced to imprisonment for the criminal offenses provided for in articles 79, 79/a, 79/b and 79/c of the Criminal Code;
persons sentenced to life imprisonment;
Persons who have evaded justice, according to the definition of point 2, article 2, of this law, do not benefit from the reduction of the sentence.
Article 6
Criteria for benefiting from amnesty from criminal prosecution
Excluded from criminal prosecution are all criminal cases under investigation, cases not examined or in the process of examination by the courts, as well as the reports that are in these bodies, regardless of the date of their registration, for criminal offenses committed until 31.01.2024, for which the Penal Code and the Military Penal Code provide for a prison sentence of up to 2 years or any other milder punishment, with the exception of the offenses provided for by articles 91, 96, in the second paragraph of article 112, in articles 119, 119/a, 119/b, 120, 121, 122, in the first paragraph of article 124/b, in articles 125, 127, 204, 205, 206, 207, in the first paragraph of article 257/a , in articles 269 and 318 of the Criminal Code.”.
Persons who evaded justice do not benefit from this article.
Point 1 of this article does not benefit the special subjects against whom criminal charges are judged by the Court against Corruption and Organized Crime according to the definitions of the letters “c” and “ç”, of Article 75/a of the Code of Criminal Procedure.
Article 7
Civil rights in the criminal process
The implementation of this law does not affect the civil rights in the criminal process, nor the court costs incurred during the trial until the entry into force of this law.
Article 8
Entry into force
This law enters into force 15 days after its publication in the “Official Gazette”.
HEAD
LINDITA NIKOLA
