SPAK Reveals Charges against Berisha, Malltezi

The Special Prosecution Against Corruption and Organized Crime (SPAK) has revealed the official charges against former Prime Minister Sali Berisha, his son-in-law Jamarbër Malltezi and the builder Fatmir Bektashi. It is learned that Berisha is accused of passive corruption carried out in collaboration according to article 260 and 25 of the Criminal Code. On the other hand, Jamarbër Malltezi is accused of passive corruption in cooperation under Article 260 and Cleansing of Products in cooperation with Fatmir Bektashi under Article 287 of the Criminal Code. 

The builder Fatmir Bektashi is accused of active corruption and laundering the proceeds of the crime in cooperation with Malltezi. 

According to Article 260 of the Criminal Code:

Seeking or receiving, directly or indirectly, any improper benefit or promise of any kind, for oneself or others, or accepting an offer or promise of improper benefit, from a senior government official or the local elected official, for performing or not performing an action related to his duty or function, is punished with imprisonment from four to twelve years.

Cleaning the products of the criminal offense or criminal activity, through:

a) exchanging or transferring property, with the aim of hiding or covering up its illegal origin, knowing that this property is the product of a criminal offense or criminal activity;

b) concealing or covering up the true nature, source, location, disposition, displacement, ownership or rights in relation to property, knowing that this property is the product of a criminal offense or criminal activity;

c) gaining ownership, possession or use of property, knowing at the moment of taking it over, that this property is the product of a criminal offense or criminal activity;

ç) performing financial actions or fragmented transactions to avoid reporting, according to the legislation for the prevention of money laundering;

d) investment in economic or financial activity of money or items, knowing that they are products of a criminal offense or criminal activity;

dh) advising, helping, inciting or publicly calling for the performance of each of the acts defined above;

- shall be punished with imprisonment from five to ten years.

When this offense is committed during the exercise of a professional activity, in collaboration or more than once, it is punishable by imprisonment from seven to fifteen years.

The same offense, when it has brought serious consequences, is punished with no less than fifteen years of imprisonment.

The provisions of this article also apply when:

a) the criminal offense, the products of which are cleaned, was committed by a person who cannot be taken as a defendant or who cannot be punished;

b) the criminal prosecution for the offense whose products are cleaned has been prescribed or amnestied;

c) the person who performs the cleaning of the products is the same as the person who committed the act, from which the products were derived;

ç) for the criminal offense, from which the products came, the criminal case has never been initiated or a sentence has not been given by a final criminal decision;

d) the criminal offense, the products of which are cleaned, was committed by a person, regardless of his citizenship, outside the territory of the Republic of Albania and is simultaneously punishable both in the foreign country and in the Republic of Albania.

Knowledge and intent, according to the first paragraph of this article, are derived from objective factual circumstances.