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New Penal Code / Three years in prison for mocking or insulting “leaders”

  • Writer: Korca Boom
    Korca Boom
  • Aug 1
  • 2 min read

The Albanian government has submitted for public consultation a new draft of the Penal Code that raises serious concerns about a return to the dark days of censorship and authoritarianism. Unlike previous regulations that reasonably protected national symbols, the new proposal goes far beyond logic: it equates mockery or contempt toward politicians, institutions, and “Martyrs of the Nation” with crimes against constitutional order. The punishment? Up to 3 or even 4 years in prison.


**Article 236** of the draft classifies as “desecration” any critical, satirical, or disparaging act aimed at the President, Parliament, Government, Constitutional Court, or Armed Forces. In simple terms, anyone who dares to mock the “sacred” institutions of the state — or the individuals representing them — could end up in jail. Even worse, if a media outlet or legal entity commits the offense, it could be banned from operating for up to 5 years.


This article is written in vague and highly flexible language — leaving room for subjective interpretation that could turn any form of humor, criticism, or irony into a “crime” against the Republic. While Albania’s Constitution and the European Convention on Human Rights protect freedom of expression, the new draft code seeks to crush it with an iron fist.


Notably, the current Penal Code has moved increasingly in line with international standards: the death penalty was abolished, criminalization of homosexuality was removed, and even “defamation of the President” was repealed — under direct pressure from the EU. Now, this government appears to be reviving the shadows of the past.


The issue becomes even more absurd when considering that the proposed article offers more protection to the President or Constitutional Court than to the national flag — a total inversion of state priorities and a classic example of political power trying to sanctify itself through legislation.


Critics are numerous and outspoken: this is a code disconnected from reality and from Europe. It's a dangerous step toward the criminalization of dissent. Even the Prosecutor General and the National Bar Association have called the draft unjustifiable and filled with legal absurdities.


If this project is approved, it won’t just be a legal matter — it will send a clear signal that Albania is ready to enter a new phase of free speech suppression, where even a meme on social media could lead to trial, or a critical editorial could shut down a news outlet.


Instead of moving toward Europe, Albania seems to be taking a wrong turn toward authoritarian East. And if citizens don’t react now, tomorrow may be too late — not just to speak, but even to laugh.


“KORÇA BOOM”

ree

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