Recently, many media outlets have reported on Article 108/b of the Criminal Code, presenting it as a provision that punishes those who engage in sexual relations outside of Albania with prison. But what is the reality?
First, it is important to clarify that the current Criminal Code has been in existence since 1995 and has undergone numerous amendments over the years. The draft of a new Criminal Code presented in July 2025 was withdrawn by the government and was not adopted. In January 2026, just three days ago, the Assembly adopted a package of changes and amendments to the existing Code, not a complete new law.
What does Article 108/b that is being misinterpreted really say?
Article 108/b provides that:
“Organizing travel for others, whether for reward or not, with the aim of committing any of the criminal offenses provided for in this section or in Articles 114, 114/a/1 and 117, regardless of the relevant legal provisions in the country where the travel is organized, is punishable by imprisonment for two to six years.”
Which means:
organizing travel from one person to another,
with or without financial benefit to the organizer,
when the organizer is aware that the trip is being made for the purpose of committing sexual crimes as provided for in the Criminal Code (such as exploitation for prostitution, sexual exploitation or trafficking, and sexual abuse);
regardless of the law of the place where the acts occur,
The Albanian Criminal Code punishes the organizer with imprisonment from two to six years.
The misunderstanding probably comes from the broad wording of the article, creating the impression that any sexual relationship abroad may be punishable.
But don't worry, Article 108/b does not imprison you and your partner if you have sex in private on your next trip. It prohibits organizers of activities that exploit others for illegal sexual purposes even outside of Albania. News that are emphasizing the opposite is creating unnecessary panic.
