CHANGES IN THE PENAL CODE OF THE REPUBLIC OF ALBANIA CONCERNING CORRUPTION

Abstract

Corruption is seen as an increasingly noticeable phenomenon in our society which seriously affects the lawful state, democracy and Human Rights. After the great political, social and economical changes which took place in Albania after 1995, the phenomenon boosted. With the approval of the new Penal Code, more precisely in law 7895 date 27.01.1995, there was the legal basis which sanctioned Corruption as a penal offense. Yet, with time it needed to be improved and amended. This was largely due to the insufficiency of the actual legal basis to prevent or eliminate this problem.
This study aims to give an analysis of the phenomenon of corruption based on the statistics of the governmental institutions, civic society and various experts, in order to reflect the trend of this phenomenon in Albania, in the context of European Integration. There will be an analysis of the Albanian legal basis which deals with this phenomenon focusing more on the Penal Code of the Republic of Albania. The analysis will take in consideration the eventual changes that these dispositions were subjected to in the context of the democratic developments within the Albanian Society and the ratification of various international acts during the EU integration process. Basically the purpose of the analysis is to give an answer to the question:
- How efficient have been these normative changes in the achievement of, what we may call the objective of the legislator, in reducing such a negative phenomenon of our society?
There will also be an analysis of the respective articles of the Penal Code of the Republic of Albania.
- The Constitution of the Republic of Albania.
- An analysis of the general part of the Albanian penal Code.
- The specific part of the Albanian Penal Code.