The Corruption in Juridical and Criminal Overview, Based on Judicial Practice of Tirana District Court

Abstract

Given the investigative and judicial experience in relation with the issue posed by the investigation and trial of criminal offenses of corruption, I have chosen to treat this figure of crime, which was and is a disturbing phenomenon in the activity of the structures of the state and public administration, performed by employees entrusted with public functions. This crime has affected all the links of government, emerging from different forms of it. Today, in our society, it is a problem too serious for the mere fact that this crime is creating a consistency in its existence and, as a result, the employees of state administration and justice system are distancing themselves from their professional ethics. As a figure of crime, corruption affects all the links of the three powers of the Republic of Albania, so it affects the legislative, executive and the justice system, where the ways of committing acts of corruption depend on the kinds of these powers. The method used in the treatment of the object of this paper is that of analyzing the concepts related to abuse of office and corruption, identifying the motives and circumstances that affect the commission of this crime. The subject of the criminal offense, in the abuse of office (Article 248 of the Criminal Code) and passive corruption (Article 259 of the Criminal Code), it is always special. The subject, as a rule, is sufficient to be in working relationship in state and public bodies. However, it should be noted that the outcome of these actions can be the result of violation of the rights and freedoms of citizens recognized these from Constitution of the Republic of Albania, which the Article 15 states: "The organs of public power, in fulfillment of their duties, must respect the human rights and freedoms as well as contribute to their realization." The methodology used in the realization of this paper is based on the comparison of figure of the crime of abuse of office and corruption at different periods. With the method used, was done an analysis of the criminal offenses of corruption, aiming to highlight the features that characterize these figures as well as comparisons with other criminal offenses that compete with abuse of office and corruption.

DOI: 10.5901/ajis.2016.v5n3s1p534