06 May Historical for LGBT: Albania has a hate crime legislation
Aleanca LGBT and Pro LGBT, welcome the Approval by the Albanian Parliament of the draft law “On some amendments to Law No. 7895, dated 27.01.1995” The Criminal Code of the Republic of Albania “amended”.
This amendment makes Albania one of the countries with the most advanced legislation in the region for protection of LGBT people.
The first change is very important and has to do with the inclusion of crimes motivated by the sexual orientation and gender identity of an individual or group as an aggravating circumstance.
This change occurred in Section 50 of the Criminal Code: The letter “j” is amended as follows:
“j) when the offense is committed due to reasons related to gender, race, color, ethnicity, language, gender identity, sexual orientation, political opinions, religious or philosophical beliefs, health status, genetic predisposition, or disability “.
So if a crime has occurred for the above reasons, including even because of sexual orientation and gender identity, then the circumstances are aggravating and the perpetrator will be punished more.
Even in cases where the perpetrator has a mitigating circumstance, if the crime was done for the above reasons, he does not benefit the sentence reduction, but rather increase of the punishment.
The second change which is a real revolution in Albania concerns the inclusion in the Criminal Code of the concept of crimes against the LGBT community through information technology.
Article 119 / a, provides a new crime to the list of offenses that is “distribution of racist, homophobic or xenophobic materials through systems of communication and information technology.”
For this penal offence the law foresees:
“Providing to the public or distribution of deliberate materials containing racist, homophobic or xenophobic content, through the communication and information technology, is punishable by a fine or imprisonment up to two years”.
In short, in the case of deliberate dissemination on the Internet (website, social networks like facebook, etc.) or in any other form that contains the information technology, of homophobic materials, will be considered a criminal offense that can be punishable by up to two years imprisonment.
Albanian ombudsman Mr Igli Totozani “This is a revolution”:
Contacted by historia-ime.com, the Ombudsman Mr. Igli Totozani said that “the approval of amendments to the Criminal Code against homophobia represents a revolution in the Albanian legislation against homophobia”.
A collaboration between the Ombudsman, LGBT organisations, civil society and the Ministry of Justice made possible this amendments that put Albania in the forefront of the region in this regard, he added. Totozani. “So on the way to a more fair, equal and European society. A valuable contribution to a greater protection of human dignity and a more open and European Albania. ” Totozani further expressed for the news portal history-ime, his appreciation for the Assembly and every member of the parliament.