Laundering of Crime Proceeds: Constitutive Elements of the Offence, Article 287 of ACC

• Author: Izet Dushaj - Dorina Hoxha
• Position: Judge at Durres Appellate Court - Lecturer in Criminal Law at Tirana University, Faculty of Law
• Pages: 65-72

65

ISSN 2410-759X

Acces online at www.iipccl.org

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Tirana-Albania Vol. 2 No. 1

May, 2016

Laundering of Crime Proceeds : Constitutive Elements of the Offence,

Article 287 of ACC

Izet Dushaj

Judge at Durres Appellate Court

Prof. asoc. Dr. Dorina Hoxha

Lecturer in Criminal Law at Tirana University, Faculty of Law

Abstract

The purpose of this paper is essentially an analysis of the constitutive elements of

Laundering of Crime Proceeds explicitly provided by article 287 of Albanian Criminal Code

(hereinafter ACC), in order to point out the interpretative problems, for a better

implementation of this article with other articles within or out the ACC.

Law No. 7895 date 27 January 1995 added a new article in the ACC, article 287, “Disposing

of proceeds of crime” and Law no. 8733 date 24 January 2001 added another article 287/

a, “Money Laundering”.

By Law No.9086 date 19 June 1993 and by Law No. 9275 date 16 September 2004, article

287 of the ACC was amended into “Laundering of Crime Proceeds” and by law No.9686

date 26 February 2007 the letter ç of this article was abrogated.

In ACC the Laundering of Crime Proceeds is an offence against public order and security, an

offence against state authority, which object consist in the relations appointed by law to

protect state interest from the different forms of the Laundering of Crime Proceeds, protected

specially by the criminal law from the criminal actions or omissions1.

In fact this kind of offense has more than two juridical objects. Object of the offense

should be the juridical relations set up to protect the right functioning of the judicial

system because through actions or omissions that obstacle the identification of the origin

of the products of the offense, the criminality can be increased (Antolisei, 2003,447).

Commission of this offence harm the wealth and the economic system of the physical

person or the judicial one or the state interests, for example in the case of recycling of

dirty money from organized crime and introducing them in the legal economic-financial

system, the rules of a free competition and all economic rules are damaged (Condemi,

2008,123).

The third paragraph of the article 287 of the ACC foresees that the offence is consumed

and the dispositions of the article 287 should be applied even in the cases when the

person that has committed the offence from which the crime proceeds come, cannot be

taken as defendant, cannot be punished, exists a cause which obliterates the criminal

offence or one of the on of the penal proceeding conditions for such a criminal offence is

missing (Elezi,2009, 523).

Article 36 of the ACC establish the confiscation of the means that have served or specified

as means for committing the criminal offense and also the products that origin from

offence or other property, value of which correspond to the value of the products or the

1 Elezi, I., “E drejta penale, Pjesa e posacme”, Botimet Erik, 2009, pg., 522.