CRIMINAL CODE OF THE REPUBLIC OF ALBANIA   |   7895

Article 109-c: Enforced disappearance

Enforced disappearance through arrest, detention, abduction or any other form of deprivation of liberty of the person by public officials or persons acting upon their authorisation, support or approval, followed by the non-acceptance of the deprivation of liberty or by concealment of the fate or whereabouts of the person, by denying the assistance and necessary protection in compliance with the law, shall constitute criminal offence and it shall be punishable by imprisonment from seven to fifteen years.

The superior who:

a) Is aware that the dependents under his authority and effective control are or are about to commit the enforced disappearance, or who does not take into account data and information which clearly point to this fact;

b) Exercises his effective responsibility and control over the activities to which the enforced disappearance is linked with; or

c) Does not take all the necessary and reasonable measures under his/her competence to prevent or punish the person who issues the authorisation, support, and approval of the enforced disappearance or to send the case to the competent bodies of criminal prosecution; shall be punished by three to seven years of imprisonment.

When such offence is committed against children, pregnant women, or persons who because of different reasons cannot protect themselves, or when such offence causes serious physical suffering, it is committed in complicity, against several persons or more than once, it shall be punishable by imprisonment from ten to twenty years. 

When such offence causes the death of a person it shall be punishable by imprisonment of not less than thirty years or with life imprisonment.

Illegal taking of children who are subjects of enforced disappearance or of children whose father, mother or legal representative is the subject of enforced disappearance, or of children born during the period of enforced disappearance, shall constitute criminal offence and shall be punishable by imprisonment of from five to ten years.

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