While a completely new penal code has been circulating for several months, the government aims to provide solutions to several problems it considers urgent, ranging from territorial protection to the phenomenon of fires. Despite interventions with several normative acts that aim to curb the countless abuses observed over the years, and the failure to control this phenomenon, several changes to the penal code toughen penalties.
Article 200 of the current Code "Land occupation" has only one sentence, and is considered a criminal offense punishable by a fine or imprisonment of up to 2 years.
With the new proposals, this article changes the definition to “Land occupation” and includes 4 paragraphs. The penalties increase, and depending on the qualification of the criminal offense, it goes from a minimum of 6 months to 6 years in prison.
In this case, the maximum penalty applies to officials of agencies and institutions dealing with the protection and control of the territory, when they themselves are the perpetrators of the violations. They are also deprived of the right to exercise public functions for a period of 5 years.
For unauthorized construction, two new paragraphs have been added. When it is verified in protected areas, or cultural heritage areas, or critical infrastructure is violated, the punishment starts with 5 and goes up to 10 years. While when public officials are involved, the punishment goes from 3 to 7 years, and again with the removal of the right to work in the administration.
This summer, Albania faced a problematic situation of fires that put the lives of citizens at risk, leaving very serious financial consequences.
The amendments to the Criminal Code provide for several interventions with new definitions added to existing criminal offenses.
If the fire occurs during periods that favor fires, that is, during the summer season or in terrain where the spread is faster, the punishment when property is affected ranges from 3 to 8 years, while when forests are involved, from 5 to 8 years. In this case, if the fire is caused by negligence, the punishment ranges from 3 to 6 years.
When the fire involves protected areas or cultural heritage sites, in the case of destruction of both property and forests, the punishment starts from 4 years and goes up to 10 years in prison. If the forest fire was caused by negligence, the punishment provided is 4 to 7 years.
For the first time, as warned by Prime Minister Rama, when a fire is set with the intention of changing the category and destination of land, in addition to a sentence of 7 to 15 years, the court decides that the classification of the affected terrain will not change for a period of 30 years.