
Nearly 4 months have passed since the July 25th presentation of the draft of the new Criminal Code, and discussions and roundtables continue in the public consultation phase. The Ministry of Justice is holding meetings with representatives of interest groups and law enforcement agencies.
So far, there have been reactions for and against the draft of the new Criminal Code, and the most vocal against this draft is the President of the Supreme Court, Sokol Sadushi, the favorite of the Veliaj family and of this family's journalist, Mero Bazes. From one podium to another and from the recesses of his intrigues, Sadushi gives different reasons why he is against the new Criminal Code.
One day he declares that he was not invited to the drafting group, one night he considers it a Code, and the next morning it is a draft code and now a new project, but what is certain is that Sadushi is lying publicly.
Where do Sadushi's lies consist? On July 25, Sadushi said that neither he nor the professional community have yet been familiar with the final version of the draft.
Meanwhile, CNA read the order of the Ministry of Justice, dated February 6, 2023, the working group consists of:
- Group Chairman, Arben Rakipi, director of the School of Magistrates;
- Criminal Law Pedagogue, Skënder Kaçupi;
- High Court Judge, Sokol Binaj;
- Special Appeal Judge, Tereza Merkaj;
- Special First Instance Judge, Erjon Bani;
- Tirana Court Judge, Gerd Hoxha and prosecutors:
- Kujtim Luli,
- Arqile Koça,
- Ylli Pjetërnika,
- Andi Pogaçe.
So, the High Court has had Sokol Binaj as a representative in the working group, established by the former Minister of Justice, Ulsi Manja.
Today, the Minister of Justice, Besfort Lamallari, is holding a meeting with the heads of the justice bodies. Even in this meeting, Sadushi lied again and excluded the institution he heads from the working group and declared that he has sent the Ministry of Justice and the working group a 50-page document. Whose working group? Shouldn't his representative Binaj have made these remarks already in the drafting phase and not now during the consultation?
Of the 50 pages of remarks that he claims to have submitted to the Ministry of Justice, Sadushi presents to the table several points that are not so essential.
"Some articles that deal with issues of a procedural nature, such as those on medical and educational measures against minors (articles 116–120), on conditional release (articles 175–176) or the suspension of the activity of legal persons (article 125), should be regulated in the Code of Criminal Procedure, not in the Criminal Code. Also, article 546, which provides for the offense of self-justification, repeats regulations that are already addressed by the Civil Code, while article 539, on failure to appear at a court hearing, deals with issues that are the subject of disciplinary legislation for judges, prosecutors and lawyers. Also, the inclusion of some violations of the Traffic Code as criminal offenses creates normative duplication and unnecessarily burdens the criminal system ," he states.
From statement to statement, Sadushi is also watering down his reasons for opposing this draft and playing with terms and suggesting synonyms that do not actually change the essence.
"In some essential provisions, such as Article 18, which defines 'criminal offense', material elements are incorrectly combined with procedural notions, violating the clarity and coherence of the norm; Article 20 defines the causal link through the expression 'high probability', while in the provisions that deal with preparation, attempt, collaboration and forms of guilt, etc., the language used creates ambiguity and space for subjective interpretations ," said Sadushi.
The Sadducee gives jurisprudence lectures when invited to the table for expertise.
Instead of institutions becoming serious and drafting a serious draft code in line with the times and integration aspirations, there are still heads of institutions who lie and become obstacles for personal interests.
Sadushi has no choice but to take his intended seat on the Constitutional Court through his services to Erion Veliaj.
Sokol Sadushi is continuing to serve the scheme for his transfer to the Constitutional Court, after the end of his mandate at the High Court.
He started by expelling one of his own soldiers from the Constitutional Court, whom he appointed as a lecturer at the School of Magistrates, and continued by usurping the mandate of Holta Zaçaj, who according to the Assembly's calculations should remain in office until 2028.
By pressuring the Constitutional Court, he managed to shorten Holta Zaçaj's mandate with their decision.
And again, to pave the way for Veliaj to return to office, he pushed for the end of Sonila Bejtja's mandate, since her quota belonged to Bajram Begaj.
Sadushi is apparently removing obstacles from the path to get where he wants or where he has been projected by opening a frontal game on behalf of Erion Veliaj and his media courtiers such as Mero Baze, who lament his plight when he is not invited to the swearing-in of the new magistrates./ CNA
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