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The changes to the Code are expected to cause debate...
The government has decided to completely change the Criminal Code, introducing many new articles. But even though there are many elements that are necessary, it is expected that this Code will be used to increase the autocracy of the government, but not only. If we look in detail, there are several articles that seem to hit freedom of expression.
One article that is expected to cause debate is Article 536, which deals with the independence of the judiciary. The government aims to prohibit criticism or attacks on the justice system.
We do not know if the goal is to stop the pressure that Berisha, Meta and many others are putting on justice, or if it will be done to limit the media from commenting on certain judicial decisions.
" Making or publishing comments that are clearly intended to exert influence on the court's ability to make decisions, through the creation of oppressive circumstances against its independence, the intentional distortion of the quality of evidence or its presentation contrary to its true content, the imposition of a public distrust of the court's ability to be independent, committed for any interest or benefit, to harm or favor specific persons, committed before the issuance of a judicial decision, is punishable by a fine or imprisonment of up to three years ," the new draft of the Criminal Code states.
There are also several other articles that seem to be intended to limit media freedom. The Code includes several provisions that directly relate to the publication of secret or investigative data, and anyone who publishes them risks a fine.
Currently, there is only one article in the Criminal Code, but it is not specific to the publication of secret data. However, now the exact term “publication” has been introduced, which seems to limit the work of journalists. Another element is that there will be prison for any official who gives journalists data on operations or other matters.
Definitions in the Code
517- Disclosure of secret acts or data of criminal proceedings
1. The disclosure of secret acts or data containing secret acts by a prosecutor or judicial police officer, judge or court secretary, lawyer or any entity that becomes aware of them due to judicial duty, as well as failure to comply with the obligations set out in Article 103 of the Code of Criminal Procedure, is punishable by imprisonment from one to five years.
2. The disclosure of secret acts or data containing secret acts by anyone who has been warned by the prosecutor or judicial police officer not to disclose them shall increase the punishment provided for in the first paragraph by up to one third. If this act is committed by legal persons, it shall be punishable by a fine or one of the other punishments provided for in Article 123 of this Code.
3. The publication of acts under the first paragraph of this article, which are provided by officials or official sources, with the aim of using them for any interests of the publisher, thereby causing harm to public interests related to the investigation or trial of cases, shall be punished by a fine or imprisonment for up to four years. If this act is committed by legal persons, it shall be punished by a fine or one of the penalties under Article 123 of this Code.
Article 516- Disclosure of collaborator of justice
1. Disclosure of secret or confidential data related to the identity, cooperation process, defense or location of witnesses and collaborators of justice, who benefit from special protection under the laws in force, is punishable by imprisonment from two to six years.
2. Disclosure that has resulted in death, serious injury or has seriously endangered the life or health of witnesses or collaborators of justice, their family members or police officers charged with their protection is punished according to a special criminal provision based on the type of consequence suffered and is in line with paragraph one of this article.
3. The publication in any form of the acts mentioned in the first paragraph of this article increases the punishment by up to one third. If this act is committed by legal entities, it is punished by a fine or one of the punishments according to Article 123 of this Code.
Article 517- Provision of information
1. Providing important information related to arrest operations, location of documents or persons, criminal events, criminal records, movement of persons, regardless of the reasons for providing it, except when there are reasons for impunity, is punishable by imprisonment from one to five years.
2. If the information is provided in the service of persons organized in special cooperation, the punishment under the first paragraph is increased by up to one-half of it.
3. When the information is provided by the public official who holds the information or comes into contact with it because he or she is aware of the reasons for seeking it, the offense competes with the crime committed with the help of the information provided to its perpetrators.
4. The publication in any form of the acts mentioned in the first paragraph of this article increases the punishment by up to one third. If this act is committed by legal entities, it is punished by a fine or one of the punishments according to Article 123 of this Code.
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