jurisdiction

Albania
Source of law 

Criminal Code of the Republic of Albania (Law no. 7895, dated 27 January 1995)

Criminal liability of legal entities (Law no. 9754, dated 14 June 2007)

Public collaboration in the fight against corruption (Law no. 9508, dated 3 April 2006)

National Strategy and Action Plan against corruption

Offence

Private Sector

Active Corruption

The direct or indirect promise, offer, or giving to a person, who exercises a management function in a commercial company or who works in any other position in the private sector, of any irregular benefit for himself or a third person, in order to act or not to act contrary to his duty.

Passive corruption

The direct or indirect soliciting or taking of any irregular benefit or of any such promise, for himself or a third person, or accepting an offer or a promise that originates from the irregular benefit, of the person that exercises a managerial function or works in whatever position in the private sector, with the purpose to act or not to act contrary to his duty or function.

Public Sector

Active corruption

The promising, proposing or giving, directly or indirectly, any kind of improper benefit for oneself or other persons, to a person exercising public functions; a foreign public official; a high state official and local elected representative; witness, expert or interpreter; judge, prosecutor and other justice officials.

Passive corruption

The soliciting or taking, directly or indirectly, by a person who exercises public functions, of any irregular benefit or of any such promise for himself or for a third person or accepting an offer or promise, deriving from an irregular benefit, in order to act or not act in the exercise of his duty.

The bribe 
Is there a presumption that the advantage was given/received corruptly?NoNo
Would facilitation payments be caught?YesYes
Would corporate hospitality be caught?YesYes
Is there any de minimis?NoNo
Does the bribe have to be monetary?NoNo
Public officials 
Does the offence only apply to bribing public officials?NoNo
Acts performed outside Albania 
Can bribery performed outside Albania be caught?Yes 1 (regarding foreign nationals under certain conditions)Yes 2  (regarding foreign nationals under certain conditions)
Does the act also need to be illegal in the foreign country of performance?NoNo
Who can be liable? 
Albanian nationals?YesYes
Albanian company?Yes (for criminal offences committed in Albania)Yes (for criminal offences committed in Albania)
Albanian partnership (including limited liability partnerships) incorporated?Yes (for criminal offences committed in Albania)Yes (for criminal offences committed in Albania)
Director of Albanian company?YesYes
Albanian company if the bribe is committed abroad by its foreign subsidiary?NoNo
Foreign subsidiary of an Albanian company if the bribe is committed abroad?NoNo
Foreign national/company/partnership if bribe is committed in Albania?Yes 3  (with regard to companies and partnerships under certain conditions)Yes 4  (with regard to companies and partnerships under certain conditions)
Foreign national domiciled or “ordinarily resident” in Albania if bribe is committed outside Albania?Yes 5  (under certain conditions)Yes 6  (under certain conditions)
Foreign company/partnership if bribe is committed abroad?NoNo
Penalties 
Penalties

Private Sector

Individuals

  • Active corruption: imprisonment for up to three years
  • Passive corruption: imprisonment for up to five years

Companies

  • Active and passive corruption: fine up to EUR 40,000
  • Misdemeanors: fine of up to EUR 8,000
  • Other penalties such as termination, restriction of operation, debarment from tendering for public contracts; confiscation of benefits derived from bribery may apply

Public Sector

  • Active corruption: imprisonment for up to three or five years
  • Passive corruption: imprisonment for up to four or eight years
Defences 
Are there any defences available?NoNo