Abuse of Duty in Albanian Criminal Law and Its Relationship with Corruption: A Legal-Doctrinal and Practical Analysis

This article examines the offense of abuse of duty under Article 248 of the Albanian Criminal Code and its complex relationship with corruption offenses within the Albanian criminal justice system. Using a legal-doctrinal and practical analysis, the study explores the constituent elements of abuse of duty, the institutions responsible for its prosecution - including the Special Structure Against Corruption and Organized Crime (SPAK) and the National Bureau of Investigation (BKH) - and the evolving jurisprudence of the High Court of the Republic of Albania. The analysis shows that abuse of duty is treated in Albanian doctrine and practice as a broad, elastic offense that functions as a residual and complementary provision relative to more specific corruption offenses, a characteristic that has produced flexibility in prosecution but also interpretive inconsistency regarding the harmful consequence, causal link, and the boundary between criminal and administrative liability. The article concludes that legislative refinement of Article 248, greater unification of judicial practice, and continued institutional strengthening are needed to ensure legal certainty and to align Albanian practice more closely with European standards on the rule of law and the foreseeability of criminal law.