Criminal Liability of Legal Persons According to Albanian Judicial Practice
Abstract
The work addresses the criminal liability of legal persons in Albanian criminal law, aiming for a balanced analysis of the normative framework and its application in judicial practice. The study begins with an examination of the provisions of the 1995 Criminal Code, which laid the foundations for the criminal liability of legal persons, and continues with an analysis of Law No. 9754/2007, which is a lex specialis in this field in Albania.
The work primarily focuses on the practice of the Supreme Court, particularly analyzing the conditions under which a criminal offense is considered committed in the name and for the benefit of a legal person, the role of representatives and governing bodies in establishing the link between individual acts and the criminal liability of the subject, and the criminal sanctions applied by courts, including both primary and supplementary penalties.
In conclusion, the study offers a critical assessment of the effectiveness of the existing legal framework and judicial practice, highlighting specific issues and drawing conclusions about the need for clarification and further improvement in the treatment of the criminal liability of legal persons by the courts, as well as the necessity for legislative changes.
Downloads
References
2. Bala, E. (n.d.). Criminal punishment of the legal person.
3. Bani, E. (2025, October 30). The emergence of criminal liability of legal persons [Lecture]. School of Magistrates, Tirana.
4. Bozheku, E., & Elezi, I. (n.d.). Criminal liability of legal persons (2nd ed.). Kumi Publications.
5. Civil Code of the Republic of Albania.
6. Criminal Code of the Republic of Albania. (1995).
7. Decision no. 6, dated January 11, 2024, Criminal Chamber of the Supreme Court of the Republic of Albania.
8. Decision no. 32, dated May 30, 2023 (V-32/23), Constitutional Court of the Republic of Albania.
9. Decision no. 54, dated February 17, 2023, Criminal Chamber of the Supreme Court of the Republic of Albania.
10. Decision no. 105, dated November 23, 2021, Criminal Chamber of the Supreme Court of the Republic of Albania.
11. Decision no. 130, dated April 25, 2023, Criminal Chamber of the Supreme Court of the Republic of Albania.
12. Decision no. 154, dated May 16, 2023, Criminal Chamber of the Supreme Court of the Republic of Albania.
13. Decision no. 159, dated April 7, 2014, Court of Appeal of Shkodër (Republic of Albania).
14. Decision no. 186, dated July 5, 2022, Criminal Chamber of the Supreme Court of the Republic of Albania.
15. Decision no. 1323, dated April 26, 2016, District Court of Tirana (Republic of Albania).
16. Hoxha, D., Kaçupi, S., & Haxhia, M. (2019). Criminal law. General part.
17. Law no. 9754, dated June 14, 2007, On the criminal liability of legal persons.
18. Otajonov, A. A. (2023). Criminal liability of legal entities: Issues of theory, legal regulation and law enforcement practice. World Bulletin of Management and Law, 29. https://media.neliti.com/media/publications/602304-criminal-liability-of-legal-entities.pdf
19. Pjetërnikaj, Y. (n.d.). The legal person as a defendant [Presentation].
20. Podgorica (Kerka), E. (2014). Reflections on the objective element of the criminal offence (Doctoral dissertation, University of Tirana, Faculty of Law).
21. Saliu, I. (2005). International criminal law.
Copyright (c) 2026 Lulzim Karini, Gjon Buxhuku
This work is licensed under a Creative Commons Attribution 4.0 International License.
