CRIMINAL CODE OF THE REPUBLIC OF ALBANIA   |   7895

Article 287: Laundering the Proceeds of Criminal Offence or Criminal Activity

Laundering of the proceeds of a criminal offence or criminal activity, through:

a) Exchange or transfer of property, for purposes of concealing or disguising its illicit origin, knowing that such property is a proceed of a criminal offence or activity;

b) Concealing or disguising the real nature, source, location, disposition, relocation, ownership or rights in relation to the property, knowing that such property is a proceed of a criminal offence or activity;

c) Obtaining ownership, possession or use of property, knowing at the time of its acquisition, that such property is a proceed of a criminal offence or activity;

ç) Conducting financial operations or fragmented transactions to avoid reporting, according to the legislation on the prevention of money laundering;

d) Investing money or items in economic or financial activities, knowing that they are proceeds of a criminal offence or activity;

dh) Advising, assisting, inciting or making a public call for the commission of any of the offences defined above;

-shall be punished by imprisonment of five to ten years.

 Where that offence has been committed in the exercise of a professional activity, in complicity, or more than once, it shall be punished by imprisonment of seven to fifteen years.

 Where that offence has caused grave consequences, it shall be punished by imprisonment of no less than fifteen years. The provisions of this Article shall apply where:

a) The criminal offence, the proceeds of which are laundered, has been committed by a person who cannot be prosecuted as a defendant or who cannot be punished;

b) Criminal prosecution for the offence the proceeds of which are laundered, has reached the statute of limitations or has been amnestied;

c) The person who performs laundering of the proceeds is the same person who committed the offence, from which the proceeds have derived;

ç) No criminal prosecution has been initiated, or no punishment has been imposed by a final criminal decision in relation to the criminal offence, from which the proceeds have derived;

d) The offence, the proceeds of which are laundered, has been committed by a person, regardless of his citizenship, outside of the territory of the Republic of Albania, and is also punishable both in the foreign country and Republic of Albania.

Knowledge and intent, under the first paragraph of this Article, shall be derived from objective factual circumstances”.

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