In 2001, the Criminal Code foresaw Murder for Blood Feud under its Article 78 ‘Premeditated Murder’ (amended by Law No. 8733, dated 21.01. 2001, Article 10), second paragraph. The provision said that ‘Murder committed for an interest, revenge, or blood feud shall be punished by no less than 20 years of imprisonment, or life imprisonment’.
In 2013, the lawmaker toughened the punishment for this type of crime. Law No. 144/2013 ‘On amendments to Law No. 7895, dated 27. 01. 1995 ‘The Criminal Code of the Republic of Albania’ introduced Article 78/a entitled ‘Murder for Blood Feud’ providing that ‘Intentional murder for blood feud shall be punishable by no less than 30 years or life imprisonment’.
There has been an increasing trend in this type of crime (Article 78/a) with sixteen offenders punished over the two last years of this reporting period. In total, there have been 129 court cases, involving 135 punished offenders during these ten years.
Source: Annual Statistics of MoJ
Comments and analysis: ODA
Source: Annual Statistics of MoJ
Comments and analysis: ODA
Court proceedings and Offenders sentenced for murder for blood feud (Article 78, second paragraph, and Article 78/a) 2005-2015
Source: Annual Statistics of MoJ
Comments and analysis: ODA
Women have also been found to have committed murder for revenge. Seven cases of women offenders have been recorded during this ten-year period in addition to the one hundred and twenty eight men.
Source: Annual Statistics of MoJ
Comments and analysis: ODA
Although the Code contains tough sentences for criminal offences foreseen by Article 78, second paragraph, and Article 78, point a, the statistical reports show that the actual sentences given for these criminal offences have not always been that tough. This comes as a result of accelerated trials, reductions of sentences, juvenile offenders, or requalification of the charges.. thus, the court has sentenced 100 offenders to 10 up to 25 years of imprisonment, 7 to life imprisonment, and 4 to 25 up to 35 years of imprisonment.
Offenderssentenced for murder for blood feud (Article 78, second paragraph, and Article 78/a) by sentences 2005-2015
Source: Annual Statistics of MoJ
Comments and analysis: ODA
Source: Annual Statistics of MoJ
Comments and analysis: ODA
Another criminal offence related with blood feud is also a criminal offence foreseen by Article 83/a of our Criminal Code, i.e. Serious threats of revenge or blood feud. Such threats are usually made in order to make the target isolate themselves, depriving themselves of their freedom, and consequently of their Constitutional rights. The court has adjudicated 18 cases over the last ten years, and sentenced 17 offenders based on Article 83/a.
Source: Annual Statistics of MoJ
Comments and analysis: ODA
Incitement for blood feud is a criminal offence foreseen by Article 83/b, and is related with blood feud. There have been 2 court cases over the last decade, and 3 persons punished for having committed this criminal offence. One person was punished by a fine, while 2 others by up to 2 years of imprisonment. No women were punished for incitement for blood feud during 2005-2015.
Source: Annual Statistics of MoJ
Comments and analysis: ODA
No women were prosecuted for inciting revenge or blood feud. The volume of criminal offences of is an indication of an old mentality inherited from the times, when in the absence of a state and state institutions, people took justice in their own hands. This phenomenon shows also a poor level of trust in the institutions responsible for investigation, adjudication, and punishment.