FLASH
Shkruar nga Pamfleti 
An absurd article in the new draft criminal code provides for exemption from punishment for members of criminal and terrorist organizations if they cooperate with justice, a codified "amnesty" for perpetrators of the most serious crimes...
The new draft of the Criminal Code includes an unusual provision that essentially exempts perpetrators of serious crimes from criminal prosecution if they cooperate with justice before criminal proceedings begin. Article 60 of this draft, drafted by the Ministry of Justice in cooperation with the School of Magistrates, provides for a series of extreme reliefs for members of criminal, terrorist and armed gang organizations.
What does Article 60 provide?
In its point 1, it states:
"The case where we are about to create a union to commit a criminal offense is also considered as renunciation of the commission of a criminal offense, if the person acts willingly to report his associates and their plans..."
So, if a person, part of a criminal structure, decides to cooperate before the crime is committed, he is exempt from punishment, regardless of participation in the preparation.
Point 2 deepens this exemption:
"A member of a criminal, terrorist organization... benefits from exemption from punishment or its reduction, when he provides assistance that is judged to be decisive for the recognition of the activity..."
Whereas point 3 concretizes the amnesty scheme with a time limit:
"Exemption from punishment is only realized if he contributes before criminal proceedings are initiated against him."
What does this mean in practice?
This provision means that even if a member of a criminal organization has been involved in murder, drug trafficking, kidnapping or terrorism, he can escape punishment if he decides to tell others before an investigation is launched against him.
This is not simply a reduction in sentence as currently provided for in the Criminal Code, but a de facto amnesty for serious crimes. So, committing a crime, denouncing your accomplices and then being exempted from punishment. An unprecedented model in a state governed by the rule of law.
The consequences?
This provision sets a dangerous precedent: it encourages crime, in the name of cooperation with justice. It allows for self-amnesty for members of criminal groups, while justice no longer guarantees either punishment or deterrence.
If this article is approved, it will legalize impunity for the most serious crimes in Albania. And it will do so, not through a political amnesty, but through the Criminal Code itself./ Pamphlet
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