On the criminal offenses in the field of cybernetics also includes those of a racist and xenophobic
nature that are committed through computer systems. The provision of these offenses has come as a
result of the implementation of the Additional Protocol to the Convention on Cybercrime on the
penalization of acts of a racist and xenophobic nature committed through computer systems, ratified
by the Albanian state through law no. 9262, dated 29.7. 2004 "For the ratification of the "Additional
Protocol to the convention on cybercrime, for the criminalization of acts of a racist and xenophobic
nature committed through computer systems".
The criminal offenses transposed by this protocol into the criminal law are: "Computer distribution
of pro-genocide materials or crimes against humanity" 1
, "Threats with motives of racism and
xenophobia through the computer system" 2
, "Distribution of racist or xenophobic materials through
the computer system" 3and "Insult with motives of racism or xenophobia through the computer
system" 4
. The common element between them is the racist and xenophobic motive, as well as the
fact that their realization is always accomplished through a computer system. The criminalization
of the actions of the objective side of these criminal offenses is consistent with the goal of fighting
cybercrime, which is increasingly being updated and bringing a variety of methods of execution and
consequences.
Referring to the data published by the General Prosecutor's Office of the Republic of Albania, the
applicability of these provisions in practice has been very low, not to mention zero in some years. Based on these figures, in order to apply these provisions in practice, it is necessary to study and
analyze in detail the four provisions above.
Under this study need, in this paper we will deal in detail only with the criminal offense " Computer
distribution of pro-genocide materials or crimes against humanity", provided by article 74/a, of the
Criminal Code of the Republic of Albania. Specifically, in its content you will find the criminal legal
analysis of this criminal offense, current discussions on the efficiency of the norm and the need for
its change, as well as practical cases of the ECHR on the consummation of this criminal offense. At
the end of the paper, taking into consideration everything that we have dealt with in the entirety of
the paper, we have prepared conclusions and recommendations, the applicability of which in
practice brings improvement both within a good and efficient legal provision, and in function of
applicability of this provision in practice.
Field: Material criminal law
Keywords: Computer distribution of pro-genocide or crimes against humanity materials