Failure to report a crime and its problems in Albania
Author | Besiana Muka (Petanaja) - Erjon Petanaj |
Position | University 'Ismail Qemali', Vlora |
Pages | 315-319 |
Academic Journal of Business, Administration, Law and Social Sciences
IIPCCL Publishing, Tirana-Albania
Vol. 2 No. 2
July 2016
ISSN 2410-3918
Acces online at www.iipccl.org
315
Failure to report a crime and its problems in Albania
PhD Besiana Muka (Petanaja)
UniversityIsmailQemaliVlora
LL.M. Erjon Petanaj
Abstract
Crime being a social and economic phenomenon constitutes a serious threat to democratic
values, not just one country or region, but beyond. Its prevention and detection constitutes the
most important challenge dealing with the criminal investigation organs, where the underly-
ing investigative process at any time should remain the utmost respect for human rights, par-
ticularlycaretocrimevictimsTheprocessofcrimepreventionshouldbemoreecientrst
theremustbeaspiritofclosecooperationbetweenpoliceocersprosecutionauthoritiesand
community in order to guarantee the rule of security for citizens. This is due to the fact that all
citizens are concerned about the safety of their family and the environment where they live.
Throughtheirindividualskillstheyreacttotheactionsandbehaviorsthataecttheinterests
valuesandlegalnormsprescribedNasuYzeiriBesidescivicreactioncriminal
legislation provides for the rights and duties to citizens to denounce criminal acts.
Underthecriminalcodeeverycitizenisobligedtospeakofacrimethatisbeingcommiedor
hasbeencommiedthebodiesofprosecutioncourtlawenforcementbodiesgovernmentor
administrationotherwisetherisk isconnectedwithasanctionofaneorimprisonmentup
to three years.Tobeerunderstandtheproblemsofnontestifyingcrimeanddiscrepancyit
isimportanttoanalyzethecriminalOenseofnontestifyingcrimeandCharacteristicsofthe
OenseundertheAlbaniancriminalcode
Keywords: Criminal code, Albania, Crime, sanction.
Introduction
Oenseofnonreportingcrime isregulated inArticleoftheAlbanianCriminal
Code, where, according to which:
Failure to report criminal prosecution, in court public order bodies, government or
administrationacrimethatisbeingcommied orhasbeen commiedispunishable byne
or imprisonment up to three years.
Exempt from the obligation to report ancestors and descendants, brothers and sisters, spouses,
adoptive parent and the adoptee as well as persons who are obliged to maintain secrecy because
oftheirpositionorprofession
Theobjectoftheoenseofnonreportingacrimeisajuridicalrelationshipestablished
by the state to ensure proper functioning of the judiciary, protected by the criminal
laws of criminal acts or omissions (Elezi, 2000, 516).
Fora person toqualifyas an activesubjectof the oense ofnon reporting crime
there should be simultaneously two criteria’s:
Criminal Code of the Republic of Albania, Article 300.
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