FOL: Illegal Property is not treated with the current draft law

Prishtina, March 30, 2012 – Today, Movement FOL held the conference on the topic: “The confiscation of illegally acquired property.” The purpose of this conference was to argue for the importance of this draft law in fighting organized crime and corruptions, taking into account the regional experiences, respectively Albania, regarding the drafting and implementation of this law.

Panellists at the conference were representatives from the Ministry of Justice, the District Prosecution, Professors of Law Faculty of the University of Prishtina and Serious Crimes Prosecution Office of Albania.

Researcher at Movement FOL, Admir Salihu, said that “the Advisory Forum of NGOs for Anti corruption law package, part of which is also FOL, has held several consultative meetings, analyzing the content of the initial version of the draft law on confiscation of property acquired by criminal offense. This forum has concluded that the current draft law does not meet basic standards and that this forum has offered four recommendations to the basic principles of this law, “said Salihu.
Prosecutor of District Prosecution in Prishtina, Drita Hajdari, said that “there were cases of fighting crime, but there was no confiscation of property, according to her, this law would reduce this phenomenon. Confiscation is punishment and prevention as well, “said Hajdari. According to her, the draft law distinguishes the seizure and confiscation, seizure is a temporary measure, while the confiscation has to do with the definite taking of any property that becomes state property and the owner is unable to return the property.
The Representative from the Ministry of Justice, Baki Gimolli said that “The Draft Law on confiscation of property is still in its initial stage. We sent the initial draft to all other actors for various comments. “On April 5 will be the next meeting and present will be the other actors as well, but these recommendations will be considered one by one,” said Gimolli.

The Professor of Criminal Procedure at the University of Prishtina, Azem Hajdari, said that “this debate is very important because it has involved all relevant actors, but also for the fact that this draft law is in the process towards the finalization and will be a good suggestion for the Ministry of Justice to collect these conclusions and finally develop a draft, which provides solutions to the problem. Hajdari in his presentation was focused on the four recommendations of the Advisory Forum of NGOs, qualifying them as very important for this law. “The name of the law must change. The criminal offence is one of the most severe ways to gain wealth, but not the only one. Even without a criminal charge one could gain wealth. Without these observations and without their involvement, this law will have no value, “said Hajdari.

Meanwhile, Besnik Muçi from Prosecution of Serious Crimes of the Republic of Albania shared his legal basis and his experience in Albania regarding this field. Once unveiled the legislation and how it regulates the confiscation of the property illegally acquired, he also showed the results that have been attained in this direction since the approval of the Anti-Mafia Law. “Since the approval of the anti-Mafia Law in Court have been presented 40 requests for confiscation of assets, some even fell. The assets have been confiscated and became state property, such as houses, apartments, land, money, motor vehicles etc., worth about 10 million Euro “, Muci said.

Recommendations of the Conference

1. The name of the draft law should be changed, which at the same time reflects the scope and purpose of this draft law. The Forum recommends that the qualifying “assets obtained by criminal act” change to “assets obtained illegally” (even when not related to the criminal offense).
2. The property illegally acquired should be certified by the suspect, not by the official assignment. By transferring the burden of proof to the suspects, it would increase the possibility of more efficient fighting organized crime and illegal property. Such experience what the Forum recommends is also in the regional countries, like Albania, Slovenia and Bulgaria.
3. This draft law should also apply to assets illegally acquired by suspects, before this law became applicable.
4. Establishing specific mechanisms within the existing institutions (police, prosecutor, and court) is suggested in order to implement more effectively the legislation in this area.
5. Ministry of Justice is recommended to find spaces within the provisions of this law to decide the issue of property that may be without holder.

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