Legal provisions of money laundering in Albania

• Pages: 79-85

79

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

Vol. 7 No.1

May, 2021

Legal provisions of money laundering in Albania

Silvana Lule

Tirana District Prosecution, Albania

Abstract

This paper refers to the evolution of legal provisions in Albania, which relates to the proceeds of

crime. An important part of criminal oenses,aim an economic gain of the perpetrator or other

persons. First, this paper has treated the meaning of the proceeds of crime, the provisions of

the Criminal Code for this institution, as well as the fact that their conscation, is a mandatory

measure for the decision of the court, at the moment that the person is convicted for a criminal

oense, that has given an economic advantage. In addition, it is treated the criminal oense

of money laundering, as a necessary provision for combating illicit income. The crime of

money laundering is a time-consuming oense, which goes through several phases and has

its specics in investigation and tracking. A special importance, in addition to the form of the

act, the manner of its commission, is also given to the subject of money laundering oence.

According to the Albanian legislation, adapted to the international acts ratied by this country,

such is not only the person who commied the criminal oense, but also any other person,

who takes action in relation to this property, in order to cover the origin of income and who is

aware of the fact, that they are related or gained from a criminal oense.

Keywords: criminal oence, economic prots, criminal proceeds, legal provisions, money

laundering.

Introduction

Most criminal oenses have material gain as their main motive. Crimes such as

organized crime and economic crime provide signicant revenue which poses

a serious threat to the country’s economy. They are a destructive factor for social

security, the integrity of the state and its institutions. Precisely for this reason, a very

important component in the ght against crime in general and organized crime in

particular, is the crackdown on its economic and nancial position, secured by the

exercise of illegal activities, money laundering and investment of these income.

Nowadays, crime proceeds, in addition to reaching considerable proportions, take

various forms. This is also reected in the denition that can be given to criminal

property. The eort to give this denition relies deeply on international acts, belonging

to this eld and ratied by Albania. In this regard, there is a tendenc to realize a

comprehensive list of economic benets, that may derive from criminal activity. The

meaning of criminal property, includes in itself two important legal notions. They

are property and criminal oenses. According to Albanian legal framework, which

is in line with international standards established in this eld, the term property

will mean: property of any nature, physical or non-physical, movable or immovable,

real or unreal, as well as legal acts or documents proving a title or interest in this