Rut Roh Shaggy said Scooby Doo
30 December 2016 - 07:28 | Updated 09:05
Special Court opens the way for
punishment of former prime minister
Albania's new constitution, which provides for the establishment of the Special Court for the trial of the charges against former officials and senior state officials, is reflected in the new Code of Criminal Procedure. The draft changes, prepared by experts of high level, based on the practice of German and Austrian paves the way for the collapse of the wall of impunity in Bangladesh, having established a new legal framework for the reopening and judgment records of crime and corruption, along all the trajectory of pluralism in Albania. Also, the adoption of the amendments, the National Bureau of Investigation and the Special Prosecutor can investigate and file charges for the terror of '96, to supply oil to Milosevic's war machinery, disappearances and torture by the NIS, for orders for printing of the 97 people, the fist 14 September '98, the Gerdec explosion, the killings of 21 January, a number of economic crimes as well as any folders or judged partly untried. The new Code of Criminal Procedure is expected to be approved and implemented during 2017, which coincides with the establishment of new institutions against crime and corruption, as the Special Prosecution Bureau of Investigation and the Special Court.
Change
Unlike the constitution, the bill amending the Code of Criminal Procedure, made a clarification as regards the time of the offense from former senior officials, who will be tried by the Special Court. Specifically, the bill provides that, former presidents, former prime ministers, former ministers, former mayors, former MPs etc., Will be tried by the Special Court for any offense committed while on duty. If the officials on duty there a clarification or a time limit, the new law provides that the ex-president and former Prime Minister Sali Berisha, together with all former officers of the other provided in the Constitution, shall be tried by the Special Court for any offense committed while on duty. "Court against Corruption and Organised Crime adjudicating criminal charges against the President, Speaker of Parliament, Prime Minister, member of the Council of Ministers, judges of the Constitutional Court and the Supreme Court, Attorney General, Inspector of Justice, the President of Hall, deputy, deputy, member of the Supreme Judicial Council and the Supreme Council of the prosecution, and heads of central institutions or independent defined in the Constitution or in law. Criminal charges against former officials of the above, when the offense was committed while on duty, "said the bill, which amends Article 75 / a of the Criminal Procedure Code.
An attempt to amnesty
During the drafting and discussion of the constitutional project, there was an attempt to exclude former government ministers "Berisha" the powers of the Special Court. In the first version of the project Constitution, in Article 13, which change Article 135 of the Constitution provides that only the Special Court judge alleged members of the Council of Ministers during the past three years, excluding ex-ministers before 2013. After pressure great citizen, media and political time limit was removed.
The amended Code of Criminal Procedure
Article 50
Article 75 / a is amended as follows: "Article 75 / a. Court powers against Corruption and Organized Crime Court against Corruption and Organized Crime considers:
a) crimes under Articles 244, 244 / a, 245, 245/1, 257, 258, 259, 259 / a, 260, 319, 319 / a, 319 / b, 319 / c, 319 / d, 319 / d, 319 / f 319 / e;
b) Any offense committed by structured criminal groups, criminal organizations, terrorist organizations and armed bands, pursuant to the Criminal Code;
c) The criminal charges against the President, Speaker of Parliament, Prime Minister, member of the Council of Ministers, judges of the Constitutional Court and the Supreme Court, Attorney General, Inspector of Justice, Mayor, deputy, deputy, author Supreme Judicial Council and the Supreme Council of the prosecution, and heads of central institutions or independent defined in the Constitution or in law.
c) criminal charges against former officials of the above, when the offense was committed while on duty.
Code of Criminal Procedure in force
Article 75 / a
Court of serious crimes judge crimes provided for by Articles 73, 74, 75, 78 / a, 79, letter "d", 79 / a, 79 / b, 79 / c, 109, 109 / b, 110 / a, 111, 128 / b, 219, 220, 221, 230, 230 / a, 230 / b, 231, 232, 233, 234, 234 / a, 234 / b, 245, 260, 265 / a, 265 / b, 265 / c, 278 / a, 282 / a, 283 / a, 284 / a, 287 / a, 319, 319 / d, 333, 333 / a and 334 of the Criminal Code, including cases where they are carried out minors.
The new constitution
Article 13
Article 135 is amended as follows:
1. Judicial power is exercised by the Supreme Court and courts of appeal and courts
The first instance, which are established by law.
2. Special courts adjudicate criminal offenses of corruption and organized crime,
as well as criminal charges against the President, Speaker of Parliament, Prime Minister, member of the Council of Ministers, judges of the Constitutional Court and the Supreme Court, Attorney General, Inspector of Justice, Mayor, deputy, deputy, author Supreme Judicial Council and the Supreme Council of the Prosecution, and the directors of central institutions or independent defined in the Constitution or the law, as well as charges against former officials of the foregoing.
3. The Assembly may establish by law courts of other specific areas, but in no case an extraordinary court.
4. The judges of special courts provided for in paragraph 2 of this Article shall be appointed by the Supreme Judicial Council, according to the law. Special court judges removed from office by two-thirds of the members of the Supreme Judicial Council. Candidates for judges and civil servants of the courts in particular, as well as close relatives of the candidates prior to appointment, subject to verification of assets and image, as well as consent to periodic control of their bank accounts and telecommunications policy, according to law.
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