Forfeiture of assets

Republic of Albania

Albania - Criminal Procedure Code 1995 (2017) EN

Article 270
Conditions and effects of the order
1. When there are founded reasons to believe that there no guarantees exist for the payment of a fine sentence, of the proceedings expenses and of any other obligation to the state property, the prosecutor shall request the conservative sequestration of the defendant’s movable or immovable assets, or of the sums of money or items that others owe him, within the limits allowed by the law for their sequestration.
2. The plaintiff may request the conservative sequestration of the property of the defendant or of the civil defendant, when the conditions provided for by paragraph 1 exist.
3. The sequestration established upon the request of the prosecutor is also valid for the civil plaintiff.

Article 271 Court decision on sequestration
1. Conservative sequestration is established by decision of the competent court.
2. When the decision has been issued by the first instance court, the sequestration is executed before documents are sent to the court of appeal.
3. The sequestration is executed by the court bailiff pursuant to the rules established by the Civil Procedure Code.
4. The sequestration ceases its effects when the decision of acquittal or dismissal of the case becomes final.

Article 272 Offer to secure the obligation
1. When the defendant or the civil defendant offers a suitable legal means to guarantee the obligation (pawn, guarantee, deposit, mortgage), the court shall not order the conservative sequestration or shall revoke it and establish the method for fulfilling the obligation.
2. When the offer is proposed with the appeal, the court shall revoke the sequestration if it deems that the guarantee offer is proportionate to the value of the sequestered items.

Article 273 Execution of the sequestration order
1. The conservative sequestration is converted into enforceable sequestration when the fine sentence or the decision for the obligation of the defendant and of the civil defendant to compensate damages become final.
2. Mandatory execution of the sequestered property is carried out pursuant to the rules provided for under the Civil Procedure Code. the proceeds of sale of the sequestered property and of the instruments offered to guarantee the obligation shall be used to pay off, in order, the amounts due to the plaintiff as compensation for damages and legal expenses, fine sentences, proceedings expenses and any other amounts in favour of the state.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.