In the first public hearing on the new draft of the Criminal Code, the director of the School of Magistrates, Arben Rakipi, this Thursday gave clear positions regarding some of the most controversial issues expected to be included in the new code, including defamation and prostitution.
Focusing specifically on defamation, Rakipi stressed that this offense should not be decriminalized, considering it still necessary for it to remain in the field of criminal penalties. According to him, decision-making on these issues should not be guided by political or populist positions, but by an objective analysis of the effect and danger that an offense has on society.
"Decriminalization of crimes is not a political process, which can be postponed and decided that the political stance is such. The source and need is that until the voting process, it must be seen at several levels, what the practical and criminal level of the crime is. This element is within the framework of reality and the effect must be seen. If the crime is in a position that creates influence in justice, then the issue must be seen with an objective and careful eye. We as a working group have thought that in our overwhelming majority, these crimes should be such that they should be penalized." - said Rakipi.
He added that the working group he is part of has thought that in the vast majority of cases, acts such as defamation should continue to be penalized.
On the other hand, Rakipi proposed the decriminalization of prostitution, an issue that, according to him, has not been discussed publicly enough, but that should be addressed with a new legal approach.
"It's worth penalizing bigamy, drinking alcohol in public. Euthanasia should be decriminalized, and prostitution, which has not been talked about at all," he said.
His stance on decriminalizing prostitution implies a possible approach towards legalizing this activity, removing it from criminal treatment and opening the debate on its institutional and social regulation.
The new draft of the Criminal Code is being addressed through a series of public hearings, which are expected to include the opinions of experts, institutions, and citizens to shape a more contemporary and effective law.