Tuesday, March 19, 2013
Pedophilia is missing in the Code, Simon: This does not preclude punishment
Pedophilia is not an offense separate from the Albanian law, but this does not prevent the prosecution and the police to lay charges properly and give the maximum sentence child abusers.
Speaking of pedophile case Ardian Prenas, head of the Serious Crimes Court, Sander Simoni, says the issue can be treated other than as abuse of minors or rape as a particular form of trafficking for sexual benefits.
"The judicial police and prosecutors can qumtohet other elements, in a different light our domestic legislation and international law, so that a criminal nature to fit some form of criminal offense referred to in our Code Criminal. wanted to say that international law provides that offenses against minors, especially those dealing with sexual exploitation or use their work for slavery trend or abduction, should be viewed in light of serious offenses. An infant has not and if against his will performed obscene acts or offenses related gains from sexual abuse or sexual exploitation service, these should be viewed as a criminal offense committed against a minor victim and may be involved in those offenses, which relate to the nature of child trafficking or abduction of children for sexual exploitation or other benefit, "said Simon.
He says that in these cases it is necessary a revision and improvement of the Penal Code.
"Criminal Legislation is a latent lineup and fits criminal phenomena and as such, if such phenomena continue to be of concern to our society, can be viewed as a legislative policy that such penalties or such works be modulated or such sanctions reviewed, "said the head of the Serious Crimes Court, Sander Simoni.
Talking about a similar case in 2008 in which Ardian Prenas was sentenced to only 60 thousand fine, having kidnapped a minor, former chief general, Theodore Sollaku, blames the police for wrongful qualification crime.
"The attitude of the prosecutor and the court in sentencing measures that they take, affect to some extent in preventing criminal activity. But first, I would say that it is the duty police territorial control, identifying persons with criminal precedents and risk high society. In such cases, when dealing with the violation of life of individuals, particularly children, cases represent high social risk, I think criminal policy should be tough, "said Sollaku.
State police had not filed the 45-year-old Ardian Prenas, as a person with criminal records, much less abuse of minors. The police has no database of pedophiles or even missing.
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