Amendments in criminal legislation - Cause of the global pandemic

Author:Gloria Çarkaxhiu
Position:Legal Expert, General Drectorate of Codification & Harmonization of Legislation, Ministry of Justice of Albania
Pages:61-70
SUMMARY

The purpose of this paper is to analyze the need for identification and the extent to which the intervention of the legislator was necessary to undertake amendment in the Criminal Code. The analysis begins with a description of the need and follow-up of its process from the initial draft to its approval by law no. 35/2020 “On some additions and amendments to the law no. 7895, dated 27.1.1995, “Cri... (see full summary)

 
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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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