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Exclusive/ Articles of the new Criminal Code were copied by Turkey, an autocratic model for freedom of speech

2025-08-02 17:51:31Fokus SHKRUAR NGA REDAKSIA VOX

 

Exclusive/ Articles of the new Criminal Code were copied by Turkey, an
New Criminal Code / Photo montage

 

The new draft of the Criminal Code, made public just a few days ago, after being kept in a "drawer" for a full 1 year, has brought reactions from all sides. In addition to the endless voices against it from the justice system itself such as SPAK, the General Prosecutor's Office or even the National Chamber of Advocacy, in recent days the international factor has also "aligned" against it.

The initiative aims to turn Albania into an autocratic state, similar to the "regimes" of Putin or Erdogan. The long time in power, the imprisonment of the opposition or even of people close to him, some of whom are on the run, are turning Prime Minister Edi Rama into an "untouchable". Whoever dares to denounce the government, ministers or directors, before the trial is over, risk being investigated and punished.

The same as it happened in those autocratic states, especially in Russia or Turkey. The statements of lawyers or drafters that they "copied" the German model are just a few more lies, as the Albanian model is a "copy paste" of the Turkish Criminal Code. Everyone has seen and read that journalists, the opposition and civil society who denounce Erdogan have been arrested and convicted for "free speech".

 

Exclusive/ Articles of the new Criminal Code were copied by Turkey, an
Article 536 of the new Criminal Code

 

The Albanian Draft, the same as the Criminal Code of Turkey!

VoxNews has analyzed Article 536 of the Draft of the new Criminal Code that was made public a few weeks ago. It is about "the impact on the independence of the court".

"Making or publishing comments that are openly intended to influence the court's ability to make decisions, through the creation of circumstances oppressive to its independence, the deliberate distortion of the quality of evidence or its presentation contrary to the true content, the imposition to create public distrust of the court's ability to be independent, committed for any interest or benefit, to harm or favor special persons, committed before the issuance of a court decision, is punishable by a fine or imprisonment of up to 3 years" is written in this article, which has been put up for public consultation, before formally passing to the new Parliament of Albania, of September 2025, where the majority has all the numbers to change any law and the Criminal Code.

It is written quite clearly that journalists, the opposition or even civil society itself, who make or publish comments on a court case, risk a sentence of 3 years in prison. In this sub it is not stated in any order that "issuing acts", but you are only punished for making comments. The article, if left as such, paves the way for prosecutors and judges to open investigative and judicial processes against anyone.

 

Exclusive/ Articles of the new Criminal Code were copied by Turkey, an
Turkey's Criminal Code

 

Did they design it themselves or did they get "copy paste"?!

VoxNews has also researched variants from countries in the region or European ones if their Codes are written as the model of Albania. The result was surprising even for our editorial staff; Albania's draft has been commonly copied from the Criminal Code of Turkey!

This is what Article 288 of Turkey's Criminal Code contains, "unfair influence on the judicial process".

"Anyone who, through the means of public communication or any other means, makes statements or comments with the intention of influencing the course or outcome of a criminal or civil proceeding, which is still ongoing, shall be sentenced to imprisonment from six to three years.

If this offence is committed by a representative of the media, through publication in a newspaper, radio, television or on the Internet, the sentence can be increased by a second.

Prosecution for this offense depends on the request of the court examining the relevant case."

So, the same as the Albanian one! The measure of punishment is a fine of up to 3 years, as it writes that "anyone who makes statements or comments to influence ...". So many "tried" our legislators to copy a model of an autocratic country, like Turkey. This article, in the country on two continents, has often been used to punish journalists, lawyers or citizens who speak publicly about sensitive judicial issues.

Exclusive/ Articles of the new Criminal Code were copied by Turkey, an
German Criminal Code

Germany's Criminal Code punishes those who publish secrets!

Usually, as in all the times that our legislators want to make laws and that there are many discussions, the excuses are that we "copied" Western models. After the publication and reaction to imprisonment only for statements and comments, some members of the majority said they used the German model.

VoxNews has also analyzed Germany's Criminal Code, Article 353, which refers to "prohibited notices on court proceedings".

"Anyone who, without authorization;
1. Makes public the content of indictments or other official documents of a criminal procedure, in case the process has not yet taken place in a public hearing or if the trial has not been completed.
2. Makes public the content of official documents of a criminal procedure that have not been examined in a public hearing and that are not generally available or,
3. It publicly displays an image showing a defendant during the court hearing, before the proceedings are over."

This article of the German Criminal Code does not prohibit critical commentary or free reporting as long as internal documents or material from a criminal file are not disclosed. They are very different from the Albanian or Turkish model, since if it had been copied from Germany, the situation would have been very different. The Germans specify that you are sentenced to 1 year in prison if you publish indictment documents! So, no comments or analysis.

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This article is exclusive to VoxNews, enjoys copyright according to Law No. 35/2016, "On copyright and related rights". The article can be republished by other media only by citing VoxNews and at the end the source link is placed, otherwise any violator will be held responsible according to Article 178 of Law No. 35/2016.

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