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A well-organized and comprehensive process can take an average of 2 to 5 years.
The time it takes for a country like Albania to draft a new Criminal Code, by Western standards, is not fixed, but depends on several key factors. However, based on the experience of other countries and international best practices, a well-organized and comprehensive process can take an average of 2 to 5 years.
Western standards offer several typical stages and the duration for each:
1. Analysis and diagnosis phase (6-12 months):
a. Analysis of the existing Code;
b. Assessment of implementation in practice and identification of gaps;
c. Approximation with international conventions and the EU acquis;
d. Consultation with judges, prosecutors, lawyers and other stakeholders.
2. Initial design phase (6-12 months):
a. Creation of a special working group (lawyers, academics, legal practitioners);
c. Drafting of the first draft of the Code;
d. Consultation with international experts (e.g. from the Council of Europe, EURALIUS, or organizations such as UNODC).
3. Public consultation and draft improvement (6-9 months):
a. Organizing public hearings with civil society, universities, and the legal community;
b. Improving the draft based on comments and suggestions;
c. Evaluation by international institutions (Venice Commission, EC, etc.).
4. Adoption and transition (6-12 months):
a. Parliamentary process: review in committees and approval by the Assembly;
b. Determination of a transitional period (vacatio legis) for entry into force;
c. Training of legal professionals on the new Code.
So, more or less, 2 to 5 years, depending on:
1. Political will and institutional support;
2. Human and financial resources;
3. International support and local capacities;
4. The complexity of the changes (revised code or completely new code).
North Macedonia and Croatia have prepared new Criminal Codes in a 3-4 year timeframe with EU support.
Albania, during the period 2016–2019, undertook an ambitious effort to radically revise the Criminal Code, with the aim of modernizing the criminal justice system and aligning it with European standards and international best practices. This process took place in the context of the justice reform, which aimed to strengthen the rule of law and the fight against corruption and organized crime. Despite the preparation of a technically advanced draft, the process failed to conclude with parliamentary approval for several reasons:
a. Lack of political consensus.
b. The need for more public consultations.
c. Overlap with the vetting process and constitutional reform.
d. Lack of a complete analysis of the draft's applicability.
In conclusion, if Albania is following an open, evidence-based process aligned with European best practices, 3-4 years (from the beginning) is a realistic period for a new functional and legitimate Criminal Code.
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