Cleaning of offence products and organized crime
Prof. Dr. Luan GJONÇA
With “cleaning offense products,” we understand the legalization of monetary means and assets acquired illegally or “dirty money laundering”.
This phenomenon is present in all the countries of the world, but it has particularly gained ground and affected more the weak countries, those with relative economic backwardness, countries that are in transition and those facing social problems and political instability.
The essence of this criminal act lies in the intention of the owner of monetary means or assets gained illegally, to create conditions to enjoy those benefits as if they were legitimate. This owner will surely avail himself of illegal activities in order to fulfill his aim. Different tools and methods are used to this end but it is worth pointing out the techniques of putting into circulation and re-circulation of money deriving from criminal
The fight against money laundering and organized crime in today’s world is focused on solving a series of tasks such as: maintaining and ensuring legal economy from criminal investments and destroying the criminal character of the economic base of organized criminal groups and terrorist acts through the detection and seizure of criminal incomes, etc...
The legalization of dirty money is performed in several stages: preparation of subsidiary operations and putting into the legal monetary circulation of money and capital of criminal origin; the removal of criminal incomes from their own resources, the creation of conditions and legends about the legal origin of the money; investment of laundered money in the legal economy.
Given the time of its occurrence in the world, this criminal phenomenon is relatively new and is considered to be a form of organized crime. In our country, previously, it was not recognized as a separate offense, and in the legislation it was compensated with the formulation of the offence
titled “Alienation and concealing of wealth ‘‘ contemplated in article 287 of the CC, whose interior did not meet the requirements of the offence
“Cleaning offense products”, and this constituted a serious deficiency of that time criminal legislation. For the first time in our criminal legislation,
the problem of laundering dirty money was dealt with in 2000 with law no. 8610, dated 17.5.2000 “On prevention of money laundering, which in 2008, was improved in the law no. 9917 dated 19/5/2008 entitled “On the prevention of money laundering and terrorist financing. With the changes
that were made to respective provisions of law no KP. 9086, dated 19.6.2003, not only were the gaps identified during this time filled, but significant
adjustments were made to the relevant legal framework. This law enabled its full legal identification as a criminal act, and legal conditions were
created for tracking, detecting and fighting it.
In the context of legal regulation, with all the improvements made, i am of the opinion that this legislation should be better oriented towards
efficiency, correctness and preventive nature of the legislation and its sanctions, which are somewhat limited and not completely specific and sufficient. Besides, there are some deficient control mechanisms.
On the terminology used, in the Criminal Code with law no. 9086, dated 19.6.2003 on this offense, I mantain that it would be more accurate
and convenient to employ the term: “Legalization of monetary means and assets acquired illegally”, instead of the term employed in Article 287 of CC “Cleaning of offense products, which in my opinion is general, confusing and it fails to indicate the meaning and the inside of this criminal act.