Tirana, 8 August 2025 — Through this public statement, CRCA-ECPAT Albania wishes to express its serious concern regarding the Draft of the new Criminal Code made public at the beginning of August. Based on a full legal analysis conducted by CRCA Albania’s experts, it results that the current provisions do not sufficiently comply with European Union standards for the protection of children from crime, especially crimes of a sexual nature. CRCA Albania has identified several critical shortcomings, briefly outlined below:
- Lack of criminalization of grooming and sexting. The proposed draft does not address some of the main threats to children in the digital space, such as grooming or sexting — actions clearly criminalized under EU Directive 2011/93 (which is currently under revision and will be further strengthened with provisions addressing digital crimes).
- Deficiencies in regulating and criminalizing all forms of Child Sexual Abuse Material (CSAM). The draft does not include the criminalization of CSAM, AI-generated or self-generated content, thus creating dangerous legal loopholes.
- The new Criminal Code lacks sufficient measures against Domestic and Digital Child Trafficking. While the draft addresses child trafficking in general terms, it fails to include provisions specifically targeting domestic trafficking and trafficking facilitated through digital technologies, as required by EU Directive 2011/36.
- Absence of protection against Psychological Violence and Child Neglect. The Criminal Code does not criminalize psychological abuse or systemic neglect, placing Albania below standards set by the Lanzarote Convention and the UN Convention on the Rights of the Child.
- Lack of Guarantees for Child-Friendly Justice. The current draft does not include procedural guarantees for child victims such as privacy, video testimony, or the use of trauma-sensitive technologies, as required by EU Directive 2012/29. Furthermore, the draft Criminal Code in not accompanied by necessary amendments to procedural laws (Criminal Procedure Code and the Juvenile Justice Code).
- Failure to criminalize the lack of Mandatory Reporting by professionals. Professionals in health, education, police, and social services sectors are legally required under the Law on Child Rights and Protection to report any suspected or confirmed cases of violence or abuse against children. If failure to report is not included in the Criminal Code as a criminal offense, it risks severely undermining child protection efforts when professionals neglect their duty to report, potentially enabling the concealment or continuation of serious crimes against children.
- The Criminal Code continues to show serious inconsistencies in terminology concerning children. Although the Constitution, the UN Convention on the Rights of the Child, and the Law on Child Rights clearly define the child as anyone under the age of 18, the Code continues to use the term “minor,” which lacks a clear legal definition in Albanian legislation. Despite years of recommendations from CRCA Albania to use only the term “child” in domestic legislation, this inconsistency remains in the new Criminal Code.
In light of these serious shortcomings, CRCA Albania calls for immediate action from the Government and the newly elected Parliament, which will be established in early September, to engage in an open and effective dialogue with civil society organizations, child rights experts, and justice professionals (lawyers, prosecutors, and judges).
Albania’s path toward EU membership requires harmonization of national laws with the EU acquis, especially in the area of child protection. While the proposed Criminal Code draft has seen improvements in some areas, it fails to provide the comprehensive protection needed to prevent, detect, and prosecute crimes against children. The new Criminal Code must be revised immediately to comply with international and EU standards. Child protection is not optional—it is a legal, moral, and societal obligation.
For more information, please contact:
CRCA-ECPAT Albania
E-mail: crca@crca.al
This statement is based on the document: Legal Comparative Analysis of the Draft Criminal Code of Albania (August 2025) with the EU Acquis, prepared by the team of lawyers and legal experts of CRCA Albania.