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Criminal Code of the Republic of Albania (Law no. 7895, dated 27 January 1995)
Criminal liability of legal entities (Law no. 9754, dated 14 June 2007)
Public collaboration in the fight against corruption (Law no. 9508, dated 3 April 2006)
National Strategy and Action Plan against corruption
Offence
Private Sector
Active Corruption
The direct or indirect promise, offer, or giving to a person, who exercises a management function in a commercial company or who works in any other position in the private sector, of any irregular benefit for himself or a third person, in order to act or not to act contrary to his duty.
Passive corruption
The direct or indirect soliciting or taking of any irregular benefit or of any such promise, for himself or a third person, or accepting an offer or a promise that originates from the irregular benefit, of the person that exercises a managerial function or works in whatever position in the private sector, with the purpose to act or not to act contrary to his duty or function.
Public Sector
Active corruption
The promising, proposing or giving, directly or indirectly, any kind of improper benefit for oneself or other persons, to a person exercising public functions; a foreign public official; a high state official and local elected representative; witness, expert or interpreter; judge, prosecutor and other justice officials.
Passive corruption
Thesoliciting or taking, directly or indirectly, by a person who exercises public functions, of any irregular benefit or of any such promise for himself or for a third person or accepting an offer or promise, deriving from an irregular benefit, in order to act or not act in the exercise of his duty.
The bribe
Is there a presumption that the advantage was given/received corruptly?
No
No
Would facilitation payments be caught?
Yes
Yes
Would corporate hospitality be caught?
Yes
Yes
Is there any de minimis?
No
No
Does the bribe have to be monetary?
No
No
Public officials
Does the offence only apply to bribing public officials?
No
No
Acts performed outside Albania
Can bribery performed outside Albania be caught?
Yes
1
Albanian criminal law is applicable to foreign nationals where the bribe is committed outside Albania and the offence is against the interests of the Albanian Government or citizens.
(regarding foreign nationals under certain conditions)
Yes
2
Albanian criminal law is applicable to foreign nationals where the bribe is committed outside Albania and the offence is against the interests of the Albanian Government or citizens.
(regarding foreign nationals under certain conditions)
Does the act also need to be illegal in the foreign country of performance?
Albanian company if the bribe is committed abroad by its foreign subsidiary?
No
No
Foreign subsidiary of an Albanian company if the bribe is committed abroad?
No
No
Foreign national/company/partnership if bribe is committed in Albania?
Yes
3
The foreign nationals, committing a criminal offence within the territory of the Republic of Albania, shall be held liable under the criminal law of the Republic of Albania. Albanian criminal law applies to foreign companies and partnerships only if these are considered to have a permanent establishment in Albania.
(with regard to companies and partnerships under certain conditions)
Yes
4
The foreign nationals, committing a criminal offence within the territory of the Republic of Albania, shall be held liable under the criminal law of the Republic of Albania. Albanian criminal law applies to foreign companies and partnerships only if these are considered to have a permanent establishment in Albania.
(with regard to companies and partnerships under certain conditions)
Foreign national domiciled or “ordinarily resident” in Albania if bribe is committed outside Albania?
Yes
5
Only if the bribe committed outside the jurisdiction is against the interests of the Albanian Government or citizens.
(under certain conditions)
Yes
6
Only if the bribe committed outside the jurisdiction is against the interests of the Albanian Government or citizens.
(under certain conditions)
Foreign company/partnership if bribe is committed abroad?
No
No
Penalties
Penalties
Private Sector
Individuals
Active corruption: imprisonment for up to three years
Passive corruption: imprisonment for up to five years
Companies
Active and passive corruption: fine up to EUR 40,000
Misdemeanors: fine of up to EUR 8,000
Other penalties such as termination, restriction of operation, debarment from tendering for public contracts; confiscation of benefits derived from bribery may apply
Public Sector
Active corruption: imprisonment for up to three or five years
Passive corruption: imprisonment for up to four or eight years
Defences
Are there any defences available?
No
No
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