CRIMINAL CODE OF THE REPUBLIC OF ALBANIA   |   7895

Article 36: Confiscation of instruments for committing the criminal offence and criminal offence proceeds

1. Confiscation is mandatorily imposed by the court and pertains to obtaining and transferring to the benefit of the state:

a) assets that have been used or specified as instruments for committing the criminal offence;

b) the criminal offence proceeds, including any kind of assets, as well as legal documents or instruments establishing other titles or interests in the assets stemming from or obtained directly or indirectly from the commission of the criminal offence;

c) the promised or given remuneration for committing the criminal offence;

รง) any other assets, the value of which corresponds to the criminal offence proceeds;

d) the assets, the production, use, possession or alienation of which consist a criminal offence, even if no conviction decision was entered.

2. If the criminal offence proceeds have been transformed or partly or fully converted into other assets, the latter shall be subject to confiscation;

3. If criminal offence proceeds are merged with assets gained legally, the latter shall be confiscated up to the value of the criminal offence proceeds;

4. Subject to confiscation shall also be other income or proceeds out of the criminal offence, out of assets that criminal offence proceeds have been transformed or altered to, or out of assets with which these proceeds have been merged, to the same amount and manner as the criminal offence proceeds.

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