Amendments in criminal legislation - Cause of the global pandemic

AuthorGloria Çarkaxhiu
PositionLegal Expert, General Drectorate of Codification & Harmonization of Legislation, Ministry of Justice of Albania
Pages61-70
Vo
l.
6
N
o
. 2
Jul
y
, 2020
ISS
N 2410-391
8
A
cces online at www.ii
p
ccl.or
g
6
1
A
cademic Journal o
f
Business,
A
dministration, Law and Social Sciences
II
PCCL Publishin
g
, Graz-
A
ustria
Amendments in criminal legislation - Cause of the global pandemi
c
D (C.) G
oria
ar
ax
iu
Legal
E
xpert, General Drectorate o
f
Codi
cation & Harmonization o
f
Legislation,
M
inistry o
f
Justice o
f
A
lbania
Abs
tr
ac
t
T
he purpose of this paper is to analyze the need for identi cation and the extent to which the
i
ntervention of the legislator was necessary to undertake amendment in the Criminal Code.
T
he analysis begins with a description of the need and follow-up of its process from the initial
d
ra to its approval by law no. 35/2020 “On some additions and amendments to the law no.
7895, dated 27.1.1995, “Criminal Code of the Republic of
A
lbania”, as amended”
.
T
hrough this paper
I
intend to analyze the extent o
f
the intervention o
f
the
A
lbanian legislator,
compared to what is actually provided in the criminal legislation of some other
E
uropean
countries, which provide sanctions for infectious diseases.
A
nalysis of foreign legislation from
the point of view of the principle of proportionality with the latest provisions adopted by
the Republic of
A
lbania in the period of pandemics and in an extraordinary and emergency
s
ituation for the protection of health and life of its citizens such as that of global pandemics.
Ke
y
words
:
Criminal legislation, state of emergency, state of natural disaster, public health
.
I
ntr
oduc
t
io
n
Fundamental human rights and
f
reedoms, due to their great im
p
ortance in a
d
emocratic
p
olitical s
y
stem, enjo
y
s
p
ecial
p
rotection b
y
the state, as one o
f
its
p
rimar
y
co
nst
i
t
u
t
io
n
a
l d
u
t
ie
s
.
C
riminal legislation
p
rovides
f
or what actions or omissions that in
f
ringe on these
rights and
f
reedoms o
f
the individual are considered
p
unishable o
enses or criminal
o
enses. There
f
ore, criminal norms, more than
p
unitive norms, should be seen in
terms o
f
norms that guarantee the
p
rotection o
f
im
p
ortant legal and social rights and
relations, as in this case are human li
f
e and health, or
p
rotection o
f
p
ublic health in
g
eneral.
A
do
p
ting new criminal norms in the
f
ace o
f
an urgent need to deal with the danger
and conse
q
uences that ma
y
come
f
rom situations we never imagined we would ever
nd in our dail
y
lives certainl
y
re
q
uires extra care.
W
hen it comes to the
p
andemic that has gri
pp
ed the world at the end o
f
2019 and
c
ontinues to this da
y
, the Re
p
ublic o
f
A
lbania, as not a
f
ew countries in the world,
res
p
onded to this
p
andemic
f
rom the
p
oint o
f
view o
f
dra
ing legal amendments in
the Criminal Code o
f
the Re
p
ublic o
f
A
lbani
a
1
.
I
nitia
lly
an
d
d
ue to t
h
e not at a
ll
norma
l
situation and in conditions o
f
state o
f
emergenc
y
and emergenc
y
f
or the dra
ing o
f
these amendments it was noticed that the content o
f
the
p
ro
p
osed criminal
p
rovisions
p
resented signi
cant constitutional
p
roblems and did not res
p
ect the
p
rinci
p
le o
f
1
L
aw no. 35/2020 “On some additions and amendments to the law no. 7895
,
dated 27.1.1995
,
Criminal Code of the Re
p
ublic of
A
lbania ”, as amended”
.

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