CONFISCATION OF ASSETS ACQUIRED BY CRIMINAL OFFENSE: COMPARATIVE ANALYSIS OF THE LEGISLATION OF KOSOVO AND ALBANIA
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Abstract
This article provides a comparative analysis of the legal frameworks in Kosovo and Albania regarding the confiscation of assets acquired through criminal offenses. It examines the critical role of asset forfeiture in combating organized crime, corruption, and money laundering, emphasizing its importance in dismantling criminal enterprises and weakening their financial foundations. The study highlights the legislative measures and practices in both countries, including Kosovo’s legal advancements through the Law on Extended Competences for the Confiscation of Assets and Albania’s Anti-Mafia Law, which allows for the confiscation of unjustifiable assets. Using qualitative methods, the research evaluates international conventions and domestic laws, identifying gaps such as the discretionary powers of prosecutors in Kosovo and challenges in effective enforcement. The findings underscore the need for reforms to strengthen mandatory asset verification processes, enhance institutional accountability, and ensure confiscation is coupled with criminal sentencing to improve the efficacy of legal mechanisms in curbing organized crime and corruption.
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