The new draft of the Penal Code: Leniency in sentences for certain categories of criminal offenses

As part of the discussions on drafting the new Penal Code, the director of the School of Magistrates and head of the working group, Arben Rakipi, made public some of the main changes foreseen in the new draft. During the second round of the technical presentation, Rakipi emphasized that the aim of these changes is a more humane and proportional approach to criminal offenses, providing opportunities for alternative sentences and mitigating conditions.

Lighter sentences for certain offenses

According to Rakipi, one of the most important innovations of the draft is guiding the court towards a lighter sentence when aggravating circumstances are absent. The draft includes around 100 provisions where the judge can impose supplementary penalties that do not involve prison or fines, but measures such as community service, efforts to normalize relations with the victim, or other social and community commitments.

Leniency in cases of theft

Significant changes are also foreseen for theft cases, particularly those within the family. In such cases, the offense may not be considered criminal if there is no specific complaint from the injured party. This means that the prosecution cannot initiate criminal proceedings without a formal complaint, which will reduce the burden on the judicial system and avoid unnecessary punishments.

Milder treatment for adults committing minor offenses

Another innovation is the application of the concept of “juvenile treatment” for adults who commit minor criminal offenses. This does not mean that adults will be legally treated as minors, but if the offenses are not serious, they may benefit from the same leniencies foreseen for minors, such as alternative measures and re-education instead of harsh punishment.

Small-scale drug distributors not necessarily punishable

Regarding offenses related to the distribution of narcotic substances, the draft foresees that individuals caught with small amounts – for example, 5 to 10 grams – may not face criminal penalties if they cooperate with the authorities and reveal the source of the drugs. This is a mechanism aimed at hitting criminal distribution networks more effectively rather than low-level individuals.

A new, more humane and re-education-focused approach

Arben Rakipi stressed that these changes aim to modernize the Albanian penal system, moving it away from a rigid punishment model and bringing it closer to European standards of justice. Punishment should not always be the ultimate goal – the emphasis is placed on rehabilitation, repairing the harm, and reintegrating individuals into society.

“KORÇA BOOM”