Warranties of Albanian criminal law for children protection from 'indecency offences' and the Albanian judicial practice
Author | Marilda Menkshi |
Position | National Bar Chamber, Albania |
Pages | 236-240 |
Vol. 2 No. 2
July 2016
Academic Journal of Business, Administration, Law and Social Sciences
IIPCCL Publishing, Tirana-Albania
ISSN 2410-3918
Acces online at www.iipccl.org
236
Warranties of Albanian criminal law for children protection from “indecency
oencesandtheAlbanianjudicialpractice
PhD (C.) Marilda Menkshi
National Bar Chamber, Albania
Abstract
Thispaper willfocus oncriminal actsof childsexual abusesexual oensesIn particular
will be analyzed the category of obscenity as a crime (lat. luksuri). This work will be analyzed
undertheperspectiveoftheConventionontheRightsoftheChildtoreectthealignmentof
Albanian criminal law with the Convention, as a minimum guarantee to be provided by the
States.
Specialaention will bepaid to theanalysis of thecriminal legislation particularlyto the
oenseluksuri, to see its adaptation in the Albanian transition period. There will be special
aentiontoAlbanian judicialpracticeinrelationto sexualharassmentobscenityThesewill
be used to identify the needs of the Albanian legislation, because legislation must not only be
wrienbutmustaboveallbeapplied
Keywords: sexualoensesindecencyoences childphysical integritymoralintegrity of
children, sexual/homosexual relations with minors.
Introduction
Albanian criminal legislation has paid special aention to the violation of sexual
freedom and personal dignity. However at the same time there is a distinction between
sexualoence and "crimes against honor and dignity of the person". If we refer to the
practices of other countries like France, Criminal Law provides in section III sexual
assaultarticlesandItalyinitsCriminalLawprovidesoensesagainst
public morality and good customs (Articles 519-544) and are positioned in Section IX;
Switzerland’s Criminal Law stipulates in Chapter V of crimes against morality, sexual
crimes (Elezi, 2005, 101). The Albanian Criminal Law has established in section VI
“SexualOences and Oensesagainstthe honoranddignity in section VIII of the
second chapter Criminal oensesagainstperson. This ranking is not inadvertently
made, because in Albania these category of crimes are considered serious crimes,
incompatiblewiththeconceptofhonorandpublicmoralSpecialaentionispaidto
the protection of children, from sexual oenses as a vulnerable target group, due to
theincompletenessofthedevelopmentofphysicaltnessbutalsohispersonalityIf
wedenetheconceptofsexualoencewewillunderstandthoseactscommiedwith
intenttowardsexualfreedomandaectingthehealthofwomenormenprotected
by the criminal laws of criminal actions (Elezi, 2005, 102). Within this section are
included indecencyoenses, which according to the forecast of the Albanian Criminal
Law, section 108, provides that Indecentoencesconductedwithminorsundertheageof
fourteenyearscondemnedwithimprisonmentuptoveyears
Criminal Law No. 7895 dated 27.01.1995 amended by Law No. 8733 , dated 24.01.2001 , amended by Law 144/2013
Article 23 .
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