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The draft provides for immediate release for certain categories of convicts and reduction of sentences for the rest of the beneficiaries. The vote in the Assembly is scheduled for June 18…
The Minister of Justice, Toni Gogu, presented the draft law on criminal amnesty to the Laws Committee, which is expected to be reviewed in a plenary session on June 18. The meeting took place without the participation of the majority of opposition MPs, while only Democratic MP Arjan Ndoja was present.
During the presentation, Gogu stated that the initiative aims to implement a differentiated approach towards convicted persons, assessing cases when the purpose of the sentence is considered fulfilled and when reintegration into society is possible. According to him, the draft law does not change the approach towards perpetrators of serious criminal offenses and does not create space for benefits for persons who continue to pose a high social risk.
Gogu emphasized that the amnesty only regulates the relationship between the state and the perpetrator of the criminal offense, while the rights of the victims remain unchanged. According to him, the right to civil compensation is not affected by this draft law and remains guaranteed even after benefiting from the amnesty.
The draft provides for amnesty from serving the sentence for several categories of convicts. Immediate release will benefit:
Men sentenced to up to three years in prison or those who have less than three years left to serve.
Women sentenced to up to four years in prison or those who have less than four years remaining on their sentence.
Men who have reached the age of 60 and women who have reached the age of 50.
Minors who were 18 years of age or younger at the time of the commission of the criminal offense.
In addition to immediate releases, the draft law also provides for a reduction in the remaining time of the sentence.
According to the draft, all convicts included in the amnesty scheme will benefit from a one-year reduction in sentence, while women and minors will benefit from a one-and-a-half-year reduction in sentence.
The draft law also provides for amnesty from criminal prosecution for some criminal offenses. Proceedings will be suspended for offenses punishable by up to three years in prison, with the exception of cases expressly specified in the draft.
Minister Gogu stated that the draft law does not include perpetrators of the most serious criminal offenses. The following are excluded from the amnesty: murders in qualifying circumstances, sexual crimes, human trafficking and other forms of trafficking, terrorist acts, corruption, organized crime, criminal offenses related to electoral processes, and money laundering.
Likewise, no person or entity under the jurisdiction of the Special Prosecution Office against Corruption and Organized Crime and the Special Court will benefit.
According to data presented by the Ministry of Justice, the penitentiary system in the country has a capacity of 5,292 places, while there are currently 4,769 people in prison institutions.
The implementation of the amnesty is expected to bring about a 10 percent reduction in the prison population. Minister Gogu argued that this is not the main objective of the initiative, but a consequence that could affect the improvement of the treatment and management of convicts who will continue to serve their sentences in prisons.
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