CRIMINAL CODE OF
THE REPUBLIC OF ALBANIA
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
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
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
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 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 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 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
ECONOMIC AREA
SECTION I - THEFT OF PROPERTY
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 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
LAND
Article 199 - Misuse of land
Article 200 - Unlawfully taking land
CHAPTER IV - CRIMINAL ACTS AGAINST ENVIRONMENT
Article 201 - Polluting the air
Article 203 - Polluting the water
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
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
CHAPTER VIII - CRIMES AGAINST THE STATE AUTHORITY
[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 246 - Appropriating a public title or office
Article 247 - Unlawfully wearing a uniform
COMMITTED BY PUBLIC OFFICIALS
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
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 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
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.
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:
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:
ç) against the denouncer, witnesses, victims or other judicial elements/parties;
dh) against two or more persons;
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
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
When exploitation of prostitution is committed:
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.
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
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
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
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
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 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.
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.
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
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.
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.
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.
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.
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.
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.
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
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.
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.
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
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
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