Printable file (PDF) - Schoenherr

albania
1. Bribery in the public sector
Definition of a public official as receiver of gifts and benefits in bribery
related offences
Public officials are defined as individuals who hold high state positions,
locally elected officials and all officials holding any public position in institutions
of central or local public administration (e.g., civil servants,
directors, judges, prosecutors, police and military personnel, etc.)
and directors of state-owned companies as well as foreign citizens
holding public functions on behalf of a foreign country in Albania.
Is it an offence to bribe a public official with the intention that
they act or omit to act contrary to their duties?
Yes.
Is it an offence to bribe a public official with the intention that
they act or omit to act in accordance with their duties?
Yes, the accepting of an irregular benefit or promise of such a benefit
by public officials in order to act or not to act in accordance with their
duties constitutes a bribe.
Is there a specific monetary limit up to which a person can offer
gifts to public officials without being held criminally liable?
(e.g., gifts below EUR 100 will not be considered an advantage)
(Geringfügigkeitsgrenze)
Yes, public officials can maintain gifts below the threshold of
ALL 10,000 (approx. EUR 70) offered by foreign governments or
international organisations as part of the hospitality, courtesy,
protocol and traditions of that country which do not create any
suspicion of its purpose and damage the image of the Republic of
Albania. Monetary gifts are prohibited, regardless of their value.
Is it a criminal offence to offer gifts or advantages to public officials
even though there is no connection to a specific action or
omission of the public official (e.g., Christmas gifts, etc)?
No.
Can the donor of the benefit show active repentance in order to
abandon the offence and go without punishment? (e.g., if they
report themselves to the authorities and prevent the anticipated
act of the official) (Tätige Reue)
Yes, the perpetrator may benefit from active repentance if he or she
4 www.schoenherr.eu