Consolidated version as of 1 December 2004 Criminal Code of the Republic of Albania Law No. 7895, dated 27 January 1995 CRIMINAL CODE OF THE REPUBLIC OF ALBANIA TABLE OF CONTENTS GENERAL PART CHAPTER I - CRIMINAL LAW AND ITS APPLICATION Article 1 - Criminal Law and classification of criminal acts Article 1/a - Basics of the criminal/penal legislation Article 1/b - Tasks of the criminal legislation Article 1/c - Principles of the Criminal Code Article 2 - Unlawful sentencing Article 3 - Operation in time of the criminal law Article 4 - Ignorance of law Article 5 - Territory of the Republic of Albania Article 6 - The applicable law on criminal acts committed by Albanian citizens Article 7 - The applicable law on criminal acts committed by foreign citizens Article 8 - Applicable law on criminal acts committed by a person without nationality Article 9 - Responsibility of a foreign citizen who enjoys immunity Article 10 - Validity of criminal sentences of foreign courts Article 11 - Extradition CHAPTER II - CRIMINAL RESPONSIBILITY Article 12 - Age for criminal responsibility Article 13 - Causal connection Article 14 - Guilt Article 15 - Intention Article 16 - Negligence Article 17 - Irresponsibility because of the person’s mental state Article 18 - Criminal act committed when inebriated Article 19 - Necessary defense Article 20 - Extreme necessity Article 21 - Exercising a right or fulfilling a duty CHAPTER III - ATTEMPT Article 22 - The meaning of attempt Article 23 - Responsibility for the attempt Article 24 - Giving up the commitment of a criminal act CHAPTER IV - COLLABORATION 1 Consolidated version as of 1 December 2004 Criminal Code of the Republic of Albania Article 25 - Meaning of collaboration Article 26 - Collaborators Article 27 - Responsibility of collaborators Article 28 - Special forms of collaboration CHAPTER V - PUNISHMENTS Article 29 - Principal punishments Article 30 - Supplementary punishments Article 31 - Life imprisonment or capital punishment Article 32 - Imprisonment Article 33 - The manner of serving life imprisonment and ordinary imprisonment Article 34 - Fines Article 35 - The removal of the right to exercise public functions Article 36 - Confiscation of means for committing the criminal offence and criminal offence proceeds Article 37 - Ban on driving Article 38 - Stripping decorations and honorary titles Article 39 - Deprivation of the right to exercise an activity or skill Article 40 - Deprivation of the right to undertake leading positions Article 41 - Denial of the right to stay in one or more administrative units Article 42 - Expulsion from the territory Article 43 - Publication of court sentences Article 44 - The manner of serving supplementary punishments Article 45 - The Application of the criminal law on legal persons/entities Article 46 - Medical and educational sanctions CHAPTER VI - DETERMINATION OF PUNISHMENT Article 47 - Determination of punishment Article 48 - Mitigating circumstances Article 49 - [No title in the original] Article 50 - Aggravating circumstances Article 51 - Imprisonment sentencing of minors Article 52 - Excluding minors from punishment Article 53 - Sentencing under the minimum provided for by law Article 54 - Accepting to pay the fine Article 55 - Sentencing for more than one criminal act Article 56 - Concurrence of sentences Article 57 - Detention CHAPTER VII - ALTERNATIVES TO IMPRISONMENT Article 58 - Fragmentation of imprisonment Article 59 - Suspending the execution of a sentence Article 60 - Sanctions against the convicted under probation Article 61 - Convicted’s obligations during probation Article 62 - Revoking the sentence on suspending through Article 63 - Suspension of imprisonment and compulsion to perform labor in favor of public interest 2 Consolidated version as of 1 December 2004 Criminal Code of the Republic of Albania Article 64 - Early release on parole Article 65 - [No title in the original] CHAPTER VIII - CESSATION OF CRIMINAL PROSECUTION, PUNISHMENTS, AND THEIR NON-EXECUTION Article 66 - Statute of limitations for criminal prosecution Article 67 - Non-operation of the statute of limitations on criminal prosecution Article 68 - Statute of limitations on the execution of sentences Article 69 - Nullification of sentencing Article 70 - Pardon Article 71 - Amnesty Article 72 - Applicability of provisions of the General Part CHAPTER I - CRIMES AGAINST HUMANITY Article 73 - Genocide Article 74 - Crimes against humanity Article 75 - War crimes CHAPTER II - OFFENCES AGAINST THE PERSON CRIMES AGAINST LIFE SECTION I - CRIMES AGAINST LIFE COMMITTED INTENTIONALLY Article 76 - Murder Article 77 - Murder connected to another crime Article 78 - Premeditated homicide Article 79 - Homicides committed in other specific circumstances Article 80 - [No title in original] Article 81 - Infanticide Article 82 - Homicide committed in a state of profound psychiatric distress Article 83 - Homicide committed through the use of excessive force for self-defense Article 83/a - Serious threat/ intimidation on the ground of revenge or blood feud Article 84 - Threat SECTION II - OFFENCES AGAINST THE PERSON COMMITTED BY NEGLIGENCE Article 85 - Manslaughter SECTION III - CRIMINAL ACTS INTENTIONALLY COMMITTED AGAINST HEALTH Article 86 - Torture Article 87 - Torture resulting into serious consequences Article 88 - Serious intentional injury Article 88/a - Serious wounding under the conditions of hard psychic shock Article 88/b - Serious wounding by transcending the limits of necessary defense Article 89 - Non-serious intentional injury Article 89/a Article 90 - Other intentional harm SECTION IV - CRIMINAL ACTS AGAINST HEALTH DUE TO NEGLIGENCE Article 91 - Serious injury due to negligence 3 Consolidated version as of 1 December 2004 Criminal Code of the Republic of Albania Article 92 - Non-serious injury due to negligence SECTION V - CRIMINAL ACTS ENDANGERING THE LIFE AND HEALTH BECAUSE OF INTERRUPTION OF PREGNANCY OR REFRAINING FROM PROVIDING HELP Article 93 - Interruption of pregnancy without the woman’s consent Article 94 - Interruption of pregnancy conducted in unauthorized places by unlicensed persons Article 95 - Providing the utensils for interruption of pregnancy Article 96 - Incorrect medication Article 97 - Refraining from providing help Article 98 - Refraining from providing help by the captain of a ship Article 99 - Causing suicide SECTION VI - SEXUAL OFFENCES Article 100 - Sexual or homosexual relations/ intercourse with minors/children Article 101 - Sexual or homosexual intercourse by violence with a minor who is 14-18 years old Article 102 - Nonconsensual sexual intercourse with mature/ adult women Article 102/a - Homosexual relations by violence with adults Article 103 - Sexual or homosexual relations with persons who are unable to defend themselves Article 104 - Sexual or homosexual relation by intimidation of using a weapon Article 105 - Sexual or homosexual relations by job/position misappropriation Article 106 - Sexual or homosexual intercourse with persons that are related (of the same blood) or persons under custody Article 107 - Intercourse in public places Article 108 - Serious immoral acts SECTION VII - CRIMINAL ACTS AGAINST PERSON’S FREEDOM Article 109 - Kidnapping or keeping hostage a person Article 109/a - Kidnapping or keeping hostage a person in lenitive/alleviating circumstances Article 109/b - Forcing through blackmail or violence for submission of the wealth (Extortion) Article 110 - Unlawful detention Article 110/1 - Trafficking in Persons Article 111 - Hijacking planes, ships and other means Article 112 - Breaking and entering into someone’s house SECTION VIII - Criminal acts against morality and dignity Article 113 - Prostitution Article 114 - Exploitation of prostitution Article 114/a - Exploitation of prostitution with aggravated circumstances Article 114/b - Trafficking of Women Article 115 - Use of premises for prostitution Article 116 – Homosexuality (Repealed by law no. 8733 dated 24.01.2001) 4 Consolidated version as of 1 December 2004 Criminal Code of the Republic of Albania Article 117 - Pornography Article 118 - Desecration of graves Article 119 - Insulting Article 120 - Libel Article 121 - Intruding into someone’s privacy Article 122 - Spreading personal secrets Article 123 - Halting or violation of the privacy of correspondence SECTION IX - CRIMINAL ACTS AGAINST CHILDREN, MARRIAGE AND FAMILY Article 124 - Abandonment of minor children Article 124/a - Asking or reception of remuneration for adoption procedures Article 125 - Denial of support Article 126 - Failing to inform on the changing of domicile Article 127 - Unlawfully taking the child Article 128 - Replacement of children Article 128/a - Deliberately hiding or swapping a child Article 128/b - Trafficking of Minors Article 129 - Inducing minors to criminality Article 130 - Forcing or impeding to cohabit or divorce SECTION X - CRIMINAL ACTS AGAINST FREEDOM OF RELIGION Article 131 - Obstructing the activities of religious organizations Article 132 - Ruining or damaging places of worship Article 133 - Obstructing religious ceremonies CHAPTER III - CRIMINAL ACTS RELATED TO PROPERTY OR IN THE ECONOMIC AREA SECTION I - THEFT OF PROPERTY Article 134 - Theft Article 135 - Theft through abuse of office Article 136 - Bank robbery and savings banks robbery Article 137 - Stealing electrical power or telephone impulses Article 138 - Stealing works of art or culture Article 138/a - Art and culture works trafficking Article 139 - Robbery Article 140 - Robbery with the use of weapons Article 141 - Theft resulting in death Article 141/a - Trafficking of vehicles Article 142 - Providing equipment for theft SECTION II - FRAUD Article 143 - Deception/ Fraud Article 143/a - Fraudulent and pyramid schemes Article 144 - Fraud on subsidies Article 145 - Fraud on insurance Article 146 - Fraud on credit Article 147 - Fraud on works of art and culture 5 Consolidated version as of 1 December 2004 Criminal Code of the Republic of Albania Article 148 - Publication of another person’s work with own name Article 149 - Unlawful reproduction of the work of another SECTION III - DESTROYING PROPERTY Article 150 - Destroying property Article 151 - Destroying property by fire Article 152 - Destroying property by explosives Article 153 - Destroying property by flooding Article 154 - Destroying property with other means Article 155 - Destroying roads Article 156 - Destroying power network Article 157 - Destroying the watering system Article 158 - [No title in original] Article 159 - Destroying water-supply system Article 160 - Destroying works of culture Article 161 - Destruction of property due to negligence Article 162 - Colliding means of public transportation SECTION IV - CRIMINAL ACTS COMMITTED IN CORPORATIONS Article 163 - Drafting false statements Article 164 - Abuse of powers Article 164/a - Active corruption in the private sector Article 164/b - Passive corruption in the private sector Article 165 - Falsifying signatures Article 166 - Irregularly issuing shares Article 167 - Unfairly holding two capacities at the same time Article 168 - Giving false information Article 169 - Revealing secrets of a company Article 170 - Refusing to write mandatory notes Article 170/a - Illegal employment Article 170/b - Illegal competition through violence SECTION V - OFFENCES IN THE FIELD OF CUSTOMS Article 171 - Smuggling unauthorized goods Article 172 - Smuggling goods to which excise duty is applied Article 173 - Smuggling goods requiring license Article 174 - Smuggling other goods Article 175 - Smuggling done by employees that are linked to customs activities Article 176 - Smuggling [goods with] cultural value Article 177 - Smuggling goods holding intermediate status Article 178 - Trading and transport of smuggled goods Article 179 - Storing smuggled goods Article 179/a - The non-declaration of money and of valuable objects SECTION VI - CRIMINAL ACTS RELATED TO TAXATION Article 180 - Concealment of income Article 181 - Non-payment of taxes 6 Consolidated version as of 1 December 2004 Criminal Code of the Republic of Albania Article 181/a - Non completion of duties from tax authorities Article 182 - Modification of measurement devices SECTION VII - FALSIFYING CURRENCY OR MONEY ORDERS Article 183 - Money counterfeiting Article 184 - Forging the valued papers/ vouchers Article 185 - Producing instruments for forgery SECTION VIII - FALSIFYING DOCUMENTS Article 186 - Falsification of Documents Article 187 - Falsifying school documents Article 188 - Falsifying health-related documents Article 189 - Falsification of Identity Documents, Passports or Visas Article 190 - Falsification of Seals, Stamps or Forms Article 191 - Falsification of Civil Status Documents Article 192 - Production of devices to falsify documents Article 192/a - Documents disappearing and stealing Article 192/b - Interference in the computer transmissions SECTION IX - CRIMINAL ACTS IN THE AREA OF BANKRUPTCY Article 193 - Provoked bankruptcy Article 194 - Concealment of bankruptcy status Article 195 - Concealment of assets after bankruptcy Article 196 - Failure to comply with obligations SECTION X - UNLAWFUL LOTTERIES AND GAMBLING Article 197 - Organizing unlawful lotteries Article 198 - Providing the premises for unlawful gambling SECTION XI - CRIMINAL ACTS WHICH VIOLATE THE LEGAL STATUS OF LAND Article 199 - Misuse of land Article 200 - Unlawfully taking land CHAPTER IV - CRIMINAL ACTS AGAINST ENVIRONMENT Article 201 - Polluting the air Article 202 - Transporting toxic waste Article 203 - Polluting the water Article 204 - Prohibited fishing Article 205 - Unlawfully cutting forests Article 206 - Cutting decoration and fruit trees Article 207 - Breach of quarantine for plants and animals CHAPTER V - OFFENCES AGAINST INDEPENDENCE AND CONSTITUTIONAL ORDER SECTION I - OFFENCES AGAINST INDEPENDENCE AND INTEGRITY Article 208 - Transferring territory 7 Consolidated version as of 1 December 2004 Criminal Code of the Republic of Albania Article 209 - Surrendering the army Article 210 - Agreement for transferring territory Article 211 - Provocation of war Article 212 - Agreement for armed intervention Article 213 - Handing over classified information Article 214 - Providing information Article 215 - Damaging defense objects Article 216 - Providing means for destroying military technique Article 217 - Getting paid [from foreign states] Article 218 - Placing oneself in the service of foreign states SECTION II - OFFENCES AGAINST CONSTITUTIONAL ORDER Article 219 - Assassination Article 220 - Conspiracy Article 221 - Rioting Article 222 - Calls for taking on the arms or unlawful taking-over of the command Article 223 - Public calls for violence Article 224 - Founding unconstitutional parties or associations Article 225 - Distributing unconstitutional writings CHAPTER VI - OFFENCES ENCROACHING RELATIONS WITH OTHER STATES Article 226 - Violent acts against representatives of foreign states Article 227 - Insulting representatives of foreign countries Article 228 - Violent acts against working-places of foreign representatives Article 229 - Insulting acts against the anthem and flag CHAPTER VII - TERRORIST ACTS Article 230 - Terrorist acts Article 230/a - Financing of terrorism Article 230/b - The hiding/concealing of funds and other wealth/goods that finance terrorism Article 230/c - Giving information from persons that carry public functions or persons on duty or in exercise of the profession Article 230/ç - The performance of the services and actions with identified persons Article 231 - Violent acts against property Article 232 - Delivering dangerous substances Article 233 - Creating armed gangs Article 234 - Producing military weapons Article 234/a - Terrorist organizations Article 234/b - Armed gangs CHAPTER VIII - CRIMES AGAINST THE STATE AUTHORITY SECTION I - CRIMINAL ACTS AGAINST STATE ACTIVITY COMMITTED BY [ALBANIAN] CITIZENS Article 235 - Opposing the public official Article 236 - Opposing the official of the public order police 8 Consolidated version as of 1 December 2004 Criminal Code of the Republic of Albania Article 237 - Assault [to an official] on duty Article 238 - Threatening [a public official] on duty Article 239 - Insulting [a public official] on duty Article 240 - Defamation [toward a public official] on duty Article 241 - Defamation toward the President of the Republic Article 242 - Disobeying orders of the official of public order police Article 243 - Assaulting family members of a person acting in exercise of his state duty Article 244 - Active corruption of persons exercising public functions Article 245 - Active corruption of the high state official and of the local elected/representatives Article 245/1 - The exercising of unlawful influence on public officials Article 245/2 - The exemption from suffering the sentence Article 246 - Appropriating a public title or office Article 247 - Unlawfully wearing a uniform SECTION II - CRIMINAL ACTS AGAINST THE ACTIVITY OF THE STATE COMMITTED BY PUBLIC OFFICIALS Article 248 - Abuse of duty Article 249 - Acting in a capacity after its termination Article 250 - Committing arbitrary acts Article 251 - Refusing to take measures to stop unlawful situation Article 252 - Illegal detention Article 253 - Denying equality of the citizens Article 254 - Infringing the inviolability of residence Article 255 - Hindering and violating the secrecy of correspondence Article 256 - Misusing state contributions Article 257 - Illegal benefiting from interests Article 257/a - Refusal for the declaration, non declaration, hiding or false declaration of elected persons and public employees Article 258 - Breaching the equality of participants in public bids or auctions Article 259 - Passive corruption by public officials Article 260 - Passive corruption by High State Officials or local elected officials SECTION III - CRIMINAL ACTS AGAINST PUBLIC ORDER AND SECURITY Article 261 - Preventing the exercise of freedom of speech and assembly Article 262 - Organizing or participating in illegal assembly Article 263 - Organizing illegal assembly with participation by armed people Article 264 - Forcing to strike or not to strike Article 265 - Inciting national, racial or religious hatred or conflict Article 266 - Calls for national hatred Article 267 - Propagating false information for panic Article 268 - Defamation of the Republic and her symbols Article 269 - Forcible obstruction of the activity of political parties Article 270 - Prisoner’s rebellion Article 271 - Providing false information to emergency units Article 272 - False information 9 Consolidated version as of 1 December 2004 Criminal Code of the Republic of Albania Article 273 - Leaving the scene of an accident Article 274 - Breach of public peace Article 275 - Wrongful intentional use of telephone calls Article 276 - Unlawful use of the Red Cross emblem Article 277 - Self-made justice Article 278 - Illegal manufacturing and keeping military weapons and ammunition Article 278/a - Trafficking of weapons and munitions Article 279 - Illegally manufacturing and keeping weapons with blades Article 280 - Illegally manufacturing and keeping hunting and sporting rifles Article 281 - Breach of rules on poisonous substances Article 282 - Breach of rules on explosive, flammable or radioactive substances Article 282/a - Traffic of explosive, burning, poison and radioactive matters Article 283 - Manufacturing and selling narcotics Article 283/a - Traffic of narcotics Article 283/b - Facilitating the drugs intake and use Article 284 - Cultivating narcotic plants Article 284/a - Organizing and leading criminal organizations Article 284/b - Supporting the disclosure of crimes Article 284/c - Producing and manufacturing narcotic and psychotropic stuff Article 284/ç - Illegal production, trade, and use of precursors Article 285 - Holding, producing, and transporting chemical substances Article 285/a - Fitting premises for drugs use Article 285/b - Throwing way or getting rid of syringes Article 286 - Inducing the use of drugs Article 286/a - Illegal use of high technology Article 287 - Laundering of crime proceeds Article 287/a - Opening of the anonymous accounts Article 288 - Producing and selling foods and other substances dangerous to the health Article 288/a - Illegal production of industrial and food items/commodities Article 289 - Breach of rules of work-related protection Article 290 - Breach of traffic regulations Article 291 - Driving while inebriated or without a license Article 292 - Breach of working-standards in transportation Article 293 - Blocking transportation SECTION IV - CRIMINAL ACTS AGAINST STATE SECRETS AND STATE BORDERS Article 294 - Divulging of state secrets by a person entrusted with then Article 295 - Divulging of state secrets by citizens Article 296 - Loss of secret documents Article 297 - Illegally crossing state border Article 298 - Assistance for Illegal Crossing of the Border Article 299 - Breach of flight rules CHAPTER IX - CRIMINAL ACTS AGAINST JUSTICE Article 300 - Failure to report a crime 10