Republic of Albania

Albania ratified the Council of Europe Cybercrime Convention on June 20, 2002.

REPUBLIC OF ALBANIA
THE PARLIAMENT

LAW No. 8888, date 25.4.2002

FOR RATIFICATION OF ” CONVENTION FOR CRIME IN THE CYBERNETIC AREA”

Supporting the articles 78 point 1, 81 point 1, 83 point 1 and 121 of the constitution, by proposal of the Council of Ministers,

THE PARLIAMENT OF THE REPUBLIC OF ALBANIA DECIDED:

Article 1
Ratified ”The convention for the crime in the area of cybernetic”, including the reserve adopted in the law.

Article 2
Based on the article 42 of “ The Convention for crime in the area of cybernetic”, the Republic of Albania reserve the right to not adopt penal responsibility, in limited circumstances, as paragraphs 1 and 2 of the article 10, on the condition to prevent other compensations, which do not avoid the responsibility in front of the committed damage and do not avoid the Republic of Albania from international obligations, predicted in the international instruments, mentioned in the paragraph 1 and 2 of the over mentioned article.

Article 3
This law comes into force 15 days after publishing in the Official Bulletin.

THE CHAIRMAN
Namik Dokle
Proclaimed by decree no. 3322, date 3.5.2002 of the President Rexhep Meidani.

DISPOSITIONS OF THE PENAL CODE OF THE REPUBLIC OF ALBANIA

Article 123
Impediment or infraction of correspondence confidentiality
Acting voluntary in cases as eliminated, undelivered, opened and reading of letters or any other correspondence, or interruption or subjugating, hearing of phone conversations, telegraphic, or every other way of telecommunication, it’s a penal violation and is fined or condemned by imprisonment up to two years.

Article 255
Impediment or infraction of correspondence confidentiality
Giving of orders or actions for eliminating, reading and diffusing of postal correspondence or that damage, interfere, takes under control or spies telephonic correspondence or every other way of telecommunication, from the side of the employee charged on state functions or public service and their exercise, except cases where permitted by law, is fined or condemned by imprisonment up to three years.

Article 286/a
Illegal use of high technology
Production and use of telematic systems, means and equipment of high technology, in the cases of penal actions foreseen in the articles 283 up to 286/a of this Code or for making possible or facilitate the consumption of narcotics and psychotrope substances or to transmit and diffuse publicity announces for stimulation of their use, is condemned by imprisonment up to five years.