Criminal Code of the Republic of Albania

**هيثم الفقى** · 04-03-2009, 01:44 AM

Article 290
Breach of traffic regulations

Breach of traffic regulations, when it has caused the death, serious injury to a person or injuries to more than one person, is sentenced to a fine or up to ten years of imprisonment.
When the criminal act has caused the death or serious injury to more than one person, it is sentenced to no less than five years of imprisonment.

Article 291
Driving while inebriated or without a license

Driving vehicles orother motorized meanswhile inebriated or without a license, constitutes criminal contravention and is sentenced to a fine or up to six months of imprisonment.

Article 292
Breach of working-standards in transportation

Breach of working-standards in railway, water, or air transportation by their employees, which has caused death or serious harm to the health of an individual, is sentenced to a fine or up to ten years of imprisonment.
When the criminal act has caused death or serious injury to more than one person, it is sentenced to no less than five years of imprisonment.

Article 293
Blocking transportation

Placing obstacles and blocking by any way and means the circulation of means of automobile, railway, water and air transportation passageways is sentenced to a fine or up to three years of imprisonment.

SECTION IV
CRIMINAL ACTS AGAINST STATE SECRETS AND STATE BORDERS

Article 294
Spreading state secrets by the person entrusted with it

Divulging, spreading, and informing facts, figures, content of documents or materials which, according to a publicly known law, constitute state secrets, by the person entrusted with it or who became informed of it because of his capacity, is sentenced to a fine or up to five years of imprisonment.
When the same act is committed publicly, it is sentenced to a fine or up to ten years of imprisonment.

Article 295
Spreading state secrets by citizens

Divulging, spreading, and informing facts, figures, content of documents or materials which, according to a publicly known law, constitute state secrets, by any person who becomes informed on them, is sentenced to a fine or up to three years of imprisonment.
When the same act is committed publicly, it is sentenced to a fine or up to five years of imprisonment.

Article 296
Loss of secret documents

Loss of documents or other materials which, according to a publicly known law, constitute state secrets, by the person in charge of their protection and use, is sentenced to a fine or up to three years of imprisonment.

Article 297
Illegally crossing state border

Illegally crossing the state borders constitutes criminal contravention and is sentenced to a fine or up to two years of imprisonment.

Article 298
Assisting illegal crossing of borders

Providing or using water, air or other means of transportation with the intention of assisting illegal crossing of the border, is sentenced to a fine or up to three years of imprisonment.
When the assistance is given for lucrative purposes, it is sentenced to a fine or up to seven years of imprisonment.

Article 299
Breach of flight rules

Breach of international flight rules such as entering or leaving the territory of the Republic of Albania without a flight permit, ignoring flight lanes, landing places, flight corridors or designated cruise altitude, is sentenced to a fine or up to five years of imprisonment.

CHAPTER IX
CRIMINAL ACTS AGAINST JUSTICE

Article 300
Failure to report a crime

Failure to report a crime, which is in the process of being committed or which has been committed, to the organs of criminal prosecution, to the court, to the organs of public order, [or to the appropriate] authorities or administration, is sentenced to a fine or up to three years of imprisonment.
Linear ascendents and offsprings, brothers and sisters, spouses, adoptive parents and adopted children, as well as persons obliged to keep secrecy because of their capacity or profession, are excluded from the obligation to report.

Article 301
Obstruction of justice

Committing actions to change the site where the criminal act was executed by destroying, changing or removing its traces or by moving, hiding, annihilating, stealing, falsifying an item or document with the intent of increasing the difficulties and preventing the discovery of a criminal act and its executor, is sentenced to a fine or up to three years of imprisonment.

Article 302
Harboring a fugitive

Supplying the executor of a crime with food, other means of living, or providing him housing, lodging or with any other mean with the intent of evading his discovery from search, apprehension or arrest, is sentenced to a fine or up to five years of imprisonment.
Linear ascendents and offsprings, brothers and sisters, spouses, adoptive parents and adopted children are excluded from criminal responsibility.

Article 303
Hiding or destroying a corpse beyond recognition

Hiding or destroying beyond recognition a corpse, who is a victim of a murder or of other violent act, committed with the intent of assisting the executor of the crime to evade from a search, apprehension and arrest, is sentenced to a fine or up to five years of imprisonment.

Article 304
Obligation to report the evidence

If someone does not promptly appear to report or testify before the prosecutor, court or organs of public order about evidence that he knows which exculpates an accused or convicted person for a criminal act, is sentenced to a fine or up to five years of imprisonment.
The executor of the criminal act, as well as the individuals who become aware of the evidence because of their capacity and profession and are compelled not to report or testify it are excluded from the obligation to report.

Article 305
False report

Falsely reporting a crime which has not been committed, or falsely reporting a person who is known that has not committed a crime, as well as fabricating false evidence with the intent of commencing criminal prosecution, is sentenced to a fine or up to five years of imprisonment.

Article 306
Perjury

Perjury made before the organ of criminal prosecution or before the court constitutes criminal contravention and is sentenced to a fine or up to one year of imprisonment.
When false testimony is made for lucrative purposes or any other interest given or promised, it is sentenced to a fine or up to three years of imprisonment.

Article 307
Refusing to testify

Refusing to answer questions concerning knowledge of a criminal act or its executor, constitutes criminal contravention and is sentenced to a fine or up to one year of imprisonment.
When false testimony is made for embezzlement or any other interest given or promised, it is sentenced to a fine or up to three years of imprisonment.

Article 308
False translation

Intentional distortion of the content of a document or writing offered for translation by the organs of criminal prosecution or by the court or false translation committed before them, constitutes criminal contravention and is sentenced to a fine or up to two years of imprisonment.
When refusal to testify is made for embezzlement or any other interest given or promised, it is sentenced to a fine or up to three years of imprisonment.

Article 309
False expertise

Intentional provision of false results in reports by an expert, conducted in writing or verbally before organs of criminal prosecution or before the court is sentenced to a fine or up to three years of imprisonment.
When false expertise is made for embezzlement or any other interest given or promised, it is sentenced to a fine or up to five years of imprisonment.

Article 310
Refusing to appear as a witness, expert or translator

Refusing to appear as a witness, expert or translator, without reasonable cause, or their refusal to carry out duties assigned by the organ of criminal prosecution or the court, constitutes criminal contravention and is sentenced to a fine or up to six months of imprisonment.

Article 311
Threat to remain silent

A threat made to a victim of a criminal act to not report, or complain or a threat to withdraw the report or complaint, constitutes criminal contravention and is sentenced to a fine or up to two years of imprisonment.

Article 312
Corrupting or threat for false testimony, expertise or translation

Proposing or giving remuneration, gifts or other benefits, or threatening or committing other violent acts made to a person in order to provide false testimony, expertise or translation or refuse to carry out their duties before the organs of criminal prosecution or the court, is sentenced to a fine or up to three years of imprisonment.

Article 313
Unlawful criminal prosecution

Conducting unlawful criminal prosecution by the prosecutor against a person who is known to be innocent is sentenced to a fine or up to five years of imprisonment.

Article 314
Use of violence during investigation

Use of violence by the person in charge of an investigation to force a citizen to make a statement, give testimony or confess his guilt or somebody else's, is sentenced from three to ten years of imprisonment.

Article 315
Unfair sentencing

Giving a conclusive court sentence which is known to be unfair is sentenced from three to ten years of imprisonment.

Article 316
Opposing and battering a judge

Opposing violently, battering and committing other violent acts to a judge or to other members of the trial panel, to a prosecutor, defense lawyer, experts, every arbitrator assigned to a case, with the intent to prevent him from carrying out his duty or because of it, is sentenced to a fine or up to seven years of imprisonment.

Article 317
Threat to a judge

Threat to a judge, other members of trial panel, prosecutor, defense lawyer, experts, or every arbitrator assigned to a case because of their activity, is sentenced to a fine or up to three years of imprisonment.

Article 318
Insulting a judge

Insulting a judge or other members of trial panel, the prosecutor, the defense lawyer, the experts, or every arbitrator assigned to a case because of their activity, constitutes criminal contravention and is sentenced to a fine or up to two years of imprisonment.

Article 319
Asking for or receiving [unlawful] remuneration

Asking for or unlawfully receiving remunerations, gifts and other benefits, as well as ensuring promises to get them, by the judge, the prosecutor, the defense lawyer, the experts, every arbitrator assigned for a case, with the intent of carrying out or avoiding to carry out an act which is connected to the function, is sentenced from five to ten years of imprisonment.
Mediation conducted by the person interested in the case or by any other person for remuneration, gifts or other benefits in favor of persons cited in first paragraph of this article, is sentenced up to three years of imprisonment.

Article 320
Preventing the enforcement of court decisions

Hiding, altering , using, damaging or destroying the things which have been the subject of a court decision, or carrying out other acts with the intent of preventing the enforcement of the court's decision, constitutes criminal contravention and is sentenced to a fine or up to two years of imprisonment.

Article 321
Acts opposing court's decision

Committing acts which oppose a court=s decision about obligations arising from additional punishment ordered by it, constitutes criminal contravention and is sentenced to a fine or up to two years of imprisonment.

Article 322
Destruction of seals

Intentional destruction of seals and other signs placed upon different objects by the organs of criminal prosecution and of the judiciary, constitutes criminal contravention and is sentenced to a fine or up to six months of imprisonment.

Article 323
Escape of the convicted from the place of detention

Escape of a person under arrest, custody, or of a convicted to imprisonment from the place of (mandatory) detention or during his transportation from one place to the other, is sentenced up to five years of imprisonment.
When the criminal act is committed violently or through the use of firearms, inflammable materials, explosives and poisonous materials, it is sentenced from five to fifteen years of imprisonment.

Article 324
Assisting a fugitive

Giving advice, information, [or] means, to a person who is under arrest, held in custody, or convicted to imprisonment with the intention of escaping from the place of mandatory detention is sentenced to a fine or up to five years of imprisonment
When the assistance is given by a person in charge of guarding, supervising or transporting, or who, because of his capacity has the right to enter in penitentiary institutions or to make contact with persons who are under arrest, held in custody, or convicted to imprisonment, it is sentenced to a fine or up to five years of imprisonment.

CHAPTER X
CRIMINAL ACTS AFFECTING FREE ELECTIONS AND DEMOCRATIC SYSTEM OF ELECTIONS

Article 325
Preventing [electoral] subjects from election to representative bodies

The prevention either violently or through any other meanselectoral subjects to conduct regularlytheir activity in conformity with the law during an election campaign, is sentenced to a fine or up to three years of imprisonment.

Article 326
Falsifying documents and election results

Presenting to the election documents of data, circumstances, figures, which are known to be incorrect, drafting false documentsand replacement of the originals with forged copies, committed by persons in charge of drafting, assessing, providing the results or storing the documents, is sentenced to a fine or up to five years of imprisonment.

Article 327
Violating voting secrecy

Violating voting secrecy by persons in charge of elections constitutes criminal contravention and is sentenced to a fine or up to one year of imprisonment.

Article 328
Remunerations and promises

Offering or giving money, making promises for jobs or other favors in any form, with the intent of getting signatures for presenting a candidate, for voting in favor or against a candidate or for taking part or avoiding to take part in elections, constitutes criminal contravention and is sentenced to a fine or up to six months of imprisonment.
Accepting money, promises and other favors in order to conduct the above-mentioned actions, constitutes criminal contravention and is sentenced to a fine.

Article 329
Threat to the voter

Threat to a voter to vote in favor of or against a candidate or to take part or to avoid taking part in an election constitutes criminal contravention and is sentenced to a fine or up to two years of imprisonment.

Article 330
Threat to the candidate

Threat and any other unlawful act toward the candidate with the intent of [forcing him to] withdraw his candidacy or to prevent him from exercising any activity legally permitted during an election campaign, constitutes criminal contravention and is sentenced to a fine or up to two years of imprisonment.

Article 331
Violation of election rights

Intentional failure to register on election lists people who enjoy election rights or intentional registration thereon of persons who do not enjoy these right, constitutes criminal contravention and is sentenced to a fine or up to one year of imprisonment.

Article 332
Abuse of military authority

Abuse of military authority by a military official of any rank in order to influence the voting of the other military under his orders, through commands, advice or any other propaganda, constitutes criminal contravention and is sentenced to a fine or up to two years of imprisonment.

CHAPTER XI
CRIMINAL ACTS COMMITTED BY AN ARMED GANG AND CRIMINAL ORGANIZATION

Article 333
Creating an armed gang and criminal organization

Creating an armed gang or criminal organization or participating therein, with the intent of committing crimes, is sentenced from five to fifteen years of imprisonment.

Article 334
Committing crimes by an armed gang or criminal organization

I. Committing crimes by an armed gang or criminal organization shall be sentenced according to respective criminal provisions adding five more years to the sentence given for the crime committed, when the referring provision contains imprisonment and another lighter punishment, but without exceeding the maximum term of imprisonment.
II. When the respective criminal provision contains imprisonment or life imprisonment or the death penalty, it is sentenced to twenty five years of imprisonment or to life imprisonment or death.
III. When the respective criminal provision contains life imprisonment or the death penalty, it is sentenced to life imprisonment or death.

Article 335
[No title in the original]

The effective date of this code is June 1, 1995. Any repealed legal acts, the effects of this code, and the way it will enter into force, shall be designated by a separate law.

SPEAKER OF THE PARLIAMENT
Pjetër Arbnori