Tirana, August 5, 2025 — The Albanian government’s draft for a new Penal Code, presented in late July 2025, has ignited fierce debate across the political spectrum, the legal community, civil society, and international observers. Critics argue that the draft contains authoritarian-style restrictions on free speech while inexplicably reducing sentences for senior officials accused of corruption—both in stark contradiction to European Union (EU) standards.
At the heart of the controversy is Article 236 of the proposed code, which introduces prison terms of up to three years for “desecrating” the Republic. This provision covers not only national symbols such as the flag and anthem, but also state institutions and officeholders—from the President, Parliament, and Constitutional Court to the Armed Forces and even individuals with the legal status of “Martyr of the Nation.” The draft defines “desecration” in vague and expansive terms, including “violation of something sacred, moral virtues or values honoured worldwide, humiliation, rendering useless, contempt, mockery, smearing, or disparagement.” Publicly mocking or expressing contempt for these institutions could thus be punishable by imprisonment, with penalties rising to four years if the offence occurs during public holidays or official ceremonies.
This marks a dramatic expansion from the current Penal Code, which only criminalizes the intentional damaging of the flag or coat of arms displayed on state buildings, punishable by fines or up to three months in prison. Under the new provisions, political leaders would be given protection equal to—or greater than—that afforded to national symbols.
Legal analysts warn that the proposal appears incompatible with Article 10 of the European Convention on Human Rights, which guarantees freedom of expression, and point out that the European Court of Human Rights has repeatedly ruled that public officials must tolerate a higher degree of criticism than ordinary citizens. Over the past three decades, Albania has removed several repressive provisions from its 1995 Penal Code to align with European standards, including the abolition of the death penalty, the decriminalization of homosexuality, and the repeal of “defamation against the President” in 2012. In contrast, the new draft revives a legal philosophy reminiscent of the communist era, when criticism of the leadership was treated as a threat to the constitutional order. The EU and OSCE have long urged Albania to fully decriminalize defamation and insult, not expand them, and rights advocates have described the inclusion of “mockery” as a criminal offence as “textbook authoritarianism.”
At the same time, the draft has stirred controversy over its treatment of corruption offences. While penalties for many crimes are increased, those for passive corruption involving senior officials are reduced, bringing them into line with those for lower-ranking public servants. Currently, passive corruption by high-ranking officials carries a penalty of four to twelve years’ imprisonment, but the draft lowers this to three to eight years.
The drafting process itself has been clouded in opacity. The government unveiled the draft on July 25 in a high-profile event attended by senior judicial figures. Prime Minister Edi Rama later sought to distance his administration from its content, claiming that the Ministry of Justice and the Council of Ministers had not participated in drafting it and that it was the work of an independent group of legal experts. However, an investigation by BIRN revealed that the Ministry of Justice initiated the reform in 2019, coordinated the working group, and contributed directly through ministry-appointed experts. The final draft was delivered to the ministry in 2023 but remained unpublished for nearly two years. The group was led by Arben Rakipi, head of the School of Magistrates, and included judges from the High Court and Special Appeals Court, prosecutors, ministry officials, and academics. Several members told BIRN they were surprised the government had held back the draft for so long.
Negative reactions were swift and widespread. Prosecutor General Olsian Çela criticized the process as rushed and warned it could harm the functioning of the penal system, noting that the Prosecutor’s Office had not been consulted and that the country needed amendments to the Criminal Procedure Code more urgently than a wholesale rewrite of the Penal Code. High Court President Sokol Sadushi said neither he nor the legal community had seen the final version, only a shorter 2023 draft. Special Prosecutor Against Corruption (SPAK) head Altin Dumani confirmed his office had not been consulted. Bar Association President Maks Haxhia dismissed the reform as unnecessary and labelled the overall approach “inquisitorial,” highlighting the severe escalation of penalties for speech-related offences. Civil society groups and media watchdogs warned that the vague definitions of “mockery” and “contempt” could be used to intimidate journalists and suppress political satire. In a pointed remark that went viral, prominent journalist and government critic Lutfi Dervishi declared: “It is not a crime to mock the leadership. The crime is to take it seriously.”
For critics, this combination of harsh punishments for speech and leniency for top-level corruption risks chilling dissent, restricting media freedom, and narrowing public debate ahead of upcoming election cycles. Internationally, it could undermine Albania’s EU integration process, as Brussels has consistently linked accession progress to the strengthening—not curtailment—of fundamental freedoms. The proposal also evokes memories of Albania’s totalitarian past, when criticism of the leadership was treated as a criminal act against the state.
The draft is currently in public consultation, but given the breadth of opposition from , the oposition parties, judicial institutions, the legal profession, civil society, and likely the EU, it faces an uphill battle in Parliament without significant revision. If passed in its current form, it would mark a regression in Albania’s democratic trajectory, potentially isolating the country from its European partners and eroding public trust in the rule of law.
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