TIRANA, March 29 – The Ministry of Justice has prepared a draft regarding illegal carrying of a firearm after previous legislation was ruled unconstitutional by the government.
The draft prepared by the Ministry of Justice proposes a maximum sentence of 5 years in prison for illegal possession of guns or explosives, despite calls earlier this month by Interior Minister Saimir Tahiri for stiffer punishment for the same criminal offence.
The draft has been sent to law enforcement agencies and justice institutions for an opinion, whereas Justice Minister Ylli Manjani informs that the amendments were necessary after the Constitutional Court’s ruling and concerns raised by the General Prosecution and other judicial bodies as the current draft
Last year, the government proposed penal code amendments increasing the penalty for illegal firearm possession to 15 years in prison, a measure that was later ruled as unconstitutional by the Constitutional Court which stated that such legislation was too harsh.
The rejection by the Constitutional Court of the law has created confusion regarding court cases involving illegal possession of weapons. Several court decisions have been contradictory for the same criminal offence.
A few days ago, General Prosecutor Adriatik Llalla submitted an official request to parliament to address the issue in order to avoid any misinterpretation and confusion caused following the Constitutional Court’s ruling.
According the Prosecution, the 15 year sentence foreseen by the penal code exceeds even sentences for other serious crimes committed involving an illegal weapon.
Meanwhile, it is unclear whether the Interior Ministry will agree on the draft proposed by the Justice Ministry since the latter has been a supporter of stiffer penalties for persons caught carrying unlicensed guns even after its previous initiative was ruled as unconstitutional.
Interior Minister Saimir Tahiri told reporters earlier this month that the Interior Ministry is mulling over a draft which treats illegally carrying a firearm in public places as intention to commit armed assault and therefore carrying a longer sentence.
Differing views on this issue might lead to clashes.
