Confiscation as a Preventive Measure Against Trafficking as Part of the Organized Crime in Albania

Abstract

Since the ’90, Albania has been faced with trafficking as part of the organized crime. For this reason, the state policy for preventing this criminal activity is of great importance. The paper presents the legal framework of prevention measures which consist in confiscating assets derived from trafficking and other criminal activities in Albania. The confiscation of crime derived assets is treated only as a preventive measure against criminal activities and not as an additional punishment after the defendant is found guilty. The study highlights the persons who can be subjected to this proceeding, analyzes the development of institutional innovations and the facilitation of procedures, and the effect of the law toward the reduction of human trafficking. On one hand, the paper focuses on the great importance of the latest law achievements, on the other hand, it gives highest priority to the law implementation and especially to subjects that represent high levels of the Albanian state officials. This study is based on legal analysis, statistics, annual reports and observation of judicial cases.

DOI: 10.5901/mjss.2014.v5n27p222