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albania<br />
discloses the relevant action to the authorities and cooperates during<br />
the criminal investigation. The extent of these benefits (e.g., exception<br />
or reduction of the sentence) is assessed on an individual basis and<br />
generally depends on the time of the denunciation as well as on the<br />
consequences of the committed crime. Ideally, the offence should be<br />
denounced before the authorities became aware of the crime.<br />
What are the maximum sanctions for bribery in the public sector?<br />
The giver of the bribe is punishable by imprisonment of up to five<br />
years and a monetary fine of ALL 500,000 to 2,000,000 (approx.<br />
EUR 3,500 to 14,000). The receiver of the bribe is punishable by imprisonment<br />
of up to 12 years and a fine of ALL 1,000,000 to 5,000,000<br />
(approx. EUR 7,000 to 35,000).<br />
2. Bribery in the private sector<br />
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,<br />
or (iii) shareholders/owners of private companies with the intention<br />
that they act or omit to act contrary to their duties?<br />
Yes, active bribery in the private sector constitutes an offence in relation<br />
to (i) all employees and (ii) agents. Active bribery of (iii) shareholders/owners<br />
does not constitute an offence; however, they may<br />
be liable if they perform any duty in the company.<br />
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,<br />
or (iii) shareholders/owners of private companies with the intention<br />
that they act or omit to act in accordance with their duties?<br />
Yes, regarding category (i) and (ii) if it is provided for by their duties<br />
and position. In relation to (iii) shareholders/owners, it constitutes an<br />
offence only if they fall under category (i).<br />
Passive bribery: Is it an offence if (i) employees, (ii) agents, or<br />
(iii) shareholders/owners of private companies accept advantages<br />
in exchange for an act or the omission of an act contrary<br />
to their duties?<br />
Yes, regarding category (i) and (ii). In relation to (iii) shareholders/<br />
owners, it constitutes an offence only if they fall under category (i).<br />
Passive bribery: Is it an offence if (i) employees, (ii) agents, or<br />
(iii) shareholders/owners of private companies accept advantages<br />
in exchange for an act or the omission of an act in accordance<br />
with their duties?<br />
Yes, regarding category (i) and (ii) if it is provided in their duties and<br />
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