Albania’s top justice officials raise red flags over new Penal Code draft
Albania’s Ministry of Justice convened a high-level consultative meeting on Wednesday to discuss the draft of the country’s new Penal Code, bringing together heads of key constitutional and judicial institutions impacted by the proposed reforms.
Why is this important: The new code, which contains over 950 articles, aims to modernize Albania’s criminal law, but has already sparked concern among top judicial leaders. Critics warn that the draft risks undermining legal clarity and civil liberties and blurring the lines between criminal and procedural law.
Context: Present at the meeting were General Prosecutor Olsian Çela, SPAK head Altin Dumani, High Court Chief Justice Sokol Sadushi, and Arben Rakipi, who leads the working group that drafted the new code.
Chief Justice Sadushi delivered a detailed critique, revealing that the High Court had prepared a 50-page document outlining specific inconsistencies and problematic provisions.
“We noticed a mixing of substantive and procedural provisions,” Sadushi said. “Articles on medical and educational measures for minors, conditional release, or suspension of legal entities should be in the Code of Criminal Procedure — not the Penal Code.”
He also criticized the language and structure of the code, describing many articles as overloaded, poorly formulated, and open to misinterpretation.
“With more than 950 articles, the current draft risks shifting focus from protecting freedoms to expanding state intervention. Key provisions are unclear and risk inconsistent application by courts,” Sadushi warned.
Freedom of expression concerns: Sadushi called for a full revision of the draft’s articles dealing with freedom of speech and the right to information, warning that the current formulation may endanger constitutional rights.
Additional criticism came from Prosecutor General Olsian Çela and other legal experts, who voiced similar reservations about the legal soundness and potential implications of the draft code.
What’s next: The Ministry of Justice is expected to continue consultations and possibly revise the draft based on institutional feedback before submitting it to parliament for approval.