DREAM / The Prime Minister resigns and wakes up under the Parisian bridge!

 Kliko këtu për të tjera
Voxpress:

The SP-PD "QOKE" agreement for former corrupt officials, how those arrested for corruption and tenders benefit from a reduced sentence!

2024-04-04 09:45:08Politikë SHKRUAR NGA REDAKSIA VOX
The SP-PD "QOKE" agreement for former corrupt officials, how those
Illustrative PHOTO

The amendment of the parliamentary group of the Democratic Party excludes ministers and deputies, but leaves room for other high and middle officials to benefit from a reduced sentence for criminal offenses of corruption or abuse of tenders.

On the eve of Thursday's plenary session, the majority and the opposition seem to have agreed on a version of the law on Criminal Amnesty, which leaves room for a reduced sentence even for persons convicted by the Special Court for criminal offenses of corruption, non-declaration of assets or abuse of tenders.

Through an amendment of the parliamentary group of the Democratic Party, signed by the leader Gazmend Bardhi, 6 changes are proposed to the initial variant deposited in the Assembly by the government. However, the most controversial point is related to the changes in Article 5, which includes subjects of the Special Court against Corruption and Organized Crime.

Bardhi's amendment excludes from benefiting a group of constitutional functions, such as the president, prime minister, ministers, deputy ministers, deputies and other high officials of justice and the like, but allows the reduction of the punishment for a series of criminal offenses under the competence of GJKKO- and for other high-level officials, judges, prosecutors or natural persons convicted of corruption, abuse of tenders and the like.

This change in the draft law gives a reduction of 1 and a half years in prison to men convicted by the Special Court and to 2 and a half years in prison to women and minors convicted by the same court, on the condition that they do not have or have not had when they committed the criminal offense the exclusionary functions.

Asked by BIRN if this proposal was in line with the opposition's anti-corruption action, Bardhi said that the purpose of the proposal was to stop the reduction of punishment for high-ranking officials.

"The amendment proposed by the DP Parliamentary Group expressly excludes from any kind of benefit derived from this draft law the high officials investigated or convicted by the special anti-corruption structures," said Bardhi.

He insisted that the goal of the opposition was to punish corruption at high levels also as a message to SPAK. "I think that GJKKO and SPAK should focus on the fight against corruption at high levels and for this the Assembly should give a political message of support, not foreseeing any benefits for these cases," he added.

The opposition draft was applauded by the Minister of Justice, Ulsi Manja.

"I found with particular satisfaction that the opposition supported the version of the amnesty proposed by the Ministry of Justice and the Albanian Government, where there was no mention of the amnesty of the subjects of SPAK and the Special Court", Manja wrote.

Manja, the Socialist MPs of the Parliament's Laws Committee and opposition MPs were involved in a fierce clash in February of this year, after the changes that were made in the draft allowed for a reduced sentence for all those convicted of corruption and similar offenses. by the Special Court.

Representatives of the majority, including the minister, claimed that the proposal came from the opposition, while representatives of the latter opposed this claim, describing it as intentional misinformation.

On the other hand, the new draft proposed by the opposition prohibits the reduction of the sentence for a list of officials and former high officials according to the provisions of article 75/a of the Code of Criminal Procedure, points c and ç. The draft, however, does not prohibit the reduction of the punishment for specific criminal offenses provided for in point a of article 75/a, including corruption, non-declaration of assets, abuse of tenders and the like.

Jurisprudence experts who spoke to BIRN on condition of anonymity said that the draft was complicated, contradictory and created opportunities for different interpretations by law enforcement institutions.

Criminal offenses that benefit from a reduced sentence

Article 244, Active corruption of persons exercising public functions

Article 245, Active corruption of high state officials or local elected officials

Article 245/1, Exercising illegal influence on persons exercising public functions

Article 257/a, Refusal to declare, non-declaration, concealment or false declaration of assets, private interests of elected persons and public servants...

Article 258, Violation of the equality of participants in public tenders or auctions

Article 259, Passive corruption of persons exercising public functions

Article 259/a, Passive corruption of foreign public servants,

Article 260, Passive corruption of high state officials or local elected officials

Article 312, Active corruption of the witness, expert or translator

Article 319 Active corruption of judges, prosecutors and other justice officials and its subsequent points.


Në përputhje me standarded JTI

Video

SHIKO KANALIN NE YOUTUBE
×