CRIMINAL CODE OF THE REPUBLIC OF ALBANIA   |   7895

Article 28:

  1. The criminal organization is the highest form of cooperation that is composed of three or more persons being distinguished by the specific level of organization, structure, stability, duration, as well as by the purpose of committing one or more criminal offences to gain material or non material benefits.
  2. The terrorist organization is a specific form of the criminal organization, composed of two or more persons that have a steady collaboration extended over time, with the purpose of committing offences with terrorist purposes.
  3. The armed gang is a specific form of cooperation that, by possessing military weapons and ammunition and other necessary means, aims at the commission of criminal offences provided for in Chapter V, VI and VII of the Special Part of this Code.
  4. The structured criminal group is a special form of cooperation, composed of three or more persons, which have the purpose of committing one or more criminal offences, and which aim at achieving material and non-material benefits.The structured criminal group for the commission of a criminal offence is not established spontaneously and it is not necessary to distinguish it for consistent membership, assignment of duties, elaborated structure and organization.
  1. The creation and participation in a criminal organization, terrorist organization, armed gang, or structured criminal group constitute criminal offences and are punished according to the provisions of the special part of this Code or other special criminal provisions.
  2. Members of the criminal organization, terrorist organization, armed gang, or structured criminal group are liable for all the criminal offences committed by them in fulfilling the aims of their criminal activity.
  3. The member of the criminal organization, terrorist organization, armed gang, or structured criminal group benefits exemption from sentencing or a reduction of the sentence, as long as he makes a contribution that is deemed as decisive for obtaining information on their activity, other accomplices, on properties possessed directly or not directly by them, as well as on the investigative activities, conducted on the criminal organizations, terrorist organizations, armed gangs and structured criminal groups.

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