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Draft Criminal Code/ Olsian Çela, against: The technique is not up to the mark

2025-10-14 13:13:00, Aktualitet CNA

Draft Criminal Code/ Olsian Çela, against: The technique is not up to the

The Head of the General Prosecutor's Office, Olsian Çela, spoke about the draft Criminal Code.

Çela in the Laws Committee stated that there is still no analytical information on the draft Criminal Code.

He said that in the absence of such an analysis, he sees a problem in starting the concept of initiating a process for the Criminal Code.

According to Çela, this starting point determines the methodology on which the work on the draft Criminal Code will be based.

Çela emphasized that in the absence of a methodology, he is unable to see a reflection of society's need for a new Criminal Code.

The Chief Prosecutor underlined that there is a problem in the conception of this draft, as, according to him, the technique is not up to par.

"On the issue of the Criminal Code, I have taken a position and the goal is principled.

If you manage to ask those who are prosecutors and judges what the problems are with the current Criminal Code.

I still don't have analytical information about the Criminal Code.

The current code has been implemented and is being applied without serious problems by the courts and prosecutors.

In the absence of such an analysis, I see the problem of even beginning to conceive of starting a process for the Criminal Code.

This starting point defines the methodology upon which the work on the draft Criminal Code will be based.

Until 2024, the last time it was reported, we did not report any serious problems in the current Criminal Code.

We cooperate with all partners with this Criminal Code.

Before work begins, there is a vision of where we will go with this Criminal Code.

If you task me with creating a code as a lawyer, this code will be Çela's vision for the code.

We were introduced to a draft in 2023, by a working group from the minister of the time, and we were asked to bring a representative to discuss the draft.

In May 2025, it was sent to us for an official opinion. We refused to give an opinion on the draft because it was impossible to carry out such a process, and this is related to the question of how much we can do in the consultation process regarding the draft that is available.

If I were to give an assessment, I have an opinion, which is influenced by the fact that in the absence of a methodology, I am unable to see a reflection of society's needs.

There are two justifications, one is 95 and the second is European integrity. We have updated the codes based on European integration, there was a need for improvement where possible. Changing the foundations of a code is not easy. This makes giving an opinion very delicate.

There is a problem in the conception of this draft, the technique is not up to par.

"I find it impossible to critically review the draft, I will have to set up a working group and make a new draft to look at it systematically," said Çela./ CNA