On the Challenges of Drafting a Comprehensive Criminal Money Laundering Statute in Albania
Brunilda Jani Haxhiu, Dr. Ardian Leka
Abstract
The criminal money laundering statute in Albania is presented in Article 287 of the Criminal Code.This statute became the cornerstone for a definition of money laundering in Albania in 2003 when it was completely amended to introduce the term“money laundering” in the Albanian criminal legislation. Since then, the statute has been amended several times, including complete rewrites of the entire statute.This article will examine the rationale behind the frequent changes, and the difficulties presented to the drafters in drafting a definition that stands the test of time and judicial scrutiny. The article will inquire into the compatibility of the long-established principles of the Albanian criminal justice system with the new concepts inherent in anti-money laundering concepts and prerequisite of international instruments. The article will reach conclusions based on available academic work, reports on Albania, and judicial opinions of the higher courts in the country.
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