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MILITARY CRIMINAL CODE

(excerpts)

Article 8/a

Punishment by life imprisonment or death

(added by law no. 8919, dated 4 July 2002)

Punishment by life imprisonment is given for the commitment of a serious crime.

A court can give death penalty for the commitment of a serious crime during a state of war or emergency.

Life imprisonment or the death penalty cannot be given to persons who, at the time of the commitment of a crime, are less than 18 years old, as well as to women.

Article 25

Surrender of military forces and combat weapons to the enemy

(as amended by law no. 8919, dated 4 July 2002)

The surrender to the enemy by commanders of military forces, vehicles, armament, munitions or materiel, that have been entrusted to them, without any military necessity is punished by imprisonment of five to twenty five years.

When as a result of this offence there have been serious consequences to persons or materiel, it is punished by not less than fifteen years of imprisonment.

The same offence committed during a state of war or emergency, is punished by not less than twenty years of imprisonment, life imprisonment or death.

Article 26

Delivery of secret information

(sections I and II amended; section III added by law no. 8919, dated 4 July 2002)

A military officer who provides the enemy with the entire or part of the situation of the Armed Forces, the plan of action, the movements, camps, positions, signals of any kind, the state of supply or munitions, supply location, fuel or money, or provides the enemy with documents or other secret data is punished by three to ten years of imprisonment.

The same offence committed for operations or means and materiel of military importance as well as when the delivery of the data has caused serious consequences, is punished by ten to twenty years of imprisonment.

The same offence committed during a state of war or emergency is punished by not less than twenty years of imprisonment, life imprisonment or death.

Article 28

Aiding the enemy

A military officer who in the state of war or emergency provides the enemy with arms, munitions, other devices or supplies, with money or anything else, or houses or protects the enemy, is punished by not less than five years of imprisonment or by life imprisonment or death.

Article 34

Desertion by commanders

(section I amended by law no. 8919, dated 4 July 2002)

The desertion by persons in command is punished by up to ten years of imprisonment.

The same offence committed during a state of war or emergency is punished by not less than five years of imprisonment, and when is has resulted in serious consequences it is punished by not less than fifteen years of imprisonment, by life imprisonment or death.

Article 47

Non-implementation of an order by a person in command

The non-implementation of an order committed by a person in command is punished by dismissal or up to three years of imprisonment.

When this offence has caused serious consequences, it is punished by two to eight years of imprisonment.

The same offence committed during a state of war or emergency is punished by not less than ten years of imprisonment, and when it has resulted in serious consequences, it is punished by not less than fifteen years of imprisonment, by life imprisonment or death.

Article 50

Pressure to violate duties

(section I amended by law no. 8919, dated 4 July 2002)

The resistance  shown to any person in service when that person is performing duties of the military service or other services as well as forcing him to violate the duties, are punished by imprisonment of up to five years.

When this offence is committed by force or has resulted in serious consequences, it is punished by imprisonment of three up to ten years.

The same offence committed during a state of war or emergency is punished by not less than five years of imprisonment, and when it has resulted in serious consequences, it is punished by not less than ten years of imprisonment, by life imprisonment or death.

Article 77

Intentional homicide

(as amended by law no. 8919, dated 4 July 2002)

Intentional homicide committed by a superior toward the subordinate, by a subordinate toward the superior or between them, for motifs related to their duty, is punished by imprisonment of not less than fifteen years or life.

The same offence committed during a state war or emergency is punished by life imprisonment or death.

OSCE Presence in Albania, 2003