Whoever abuses EU funds, 2 to 5 years in prison - Penal Code amended/ Measures against fraud with European funds strengthened
The Albanian government has initiated new amendments to the Criminal Code, in the context of the approximation of national legislation with the European Union acquis in the field of protecting the financial interests of the European Union, as well as in the fight against terrorism and organized crime.
The changes envisaged in the draft law submitted for public consultation establish common standards for the definition of criminal offences that harm the EU budget, such as fraud, corruption, embezzlement and laundering of the proceeds of crime, including serious cross-border VAT fraud.
Essentially, the directive aims to ensure that these actions are prosecuted effectively and uniformly in all member states, while also providing for minimum levels of sanctions and liability for legal persons.
Specifically, such acts committed in Albania harming the financial interests of the EU are considered criminal offenses and are punishable by imprisonment from 2 to 5 years. The punishment is increased when the financial damage in all cases exceeds a value of 100 thousand euros.
Through these measures, the aim is to increase the effectiveness in preventing and punishing abuses of EU funds, improve cooperation between national authorities, and guarantee a higher level of transparency and integrity in the management of EU finances.
The penalties for each of the criminal offenses provided for/added have been determined by taking into account the criteria and standards set by the Directive (EU) as well as by relying on the best legislative practices of the member states, especially Italy and Germany.
The proposed amendments also aim to address existing gaps or cases of partial or incorrect approximation in the applicable criminal legislation, in particular with regard to the exemption or reduction of punishment for collaborators of justice.
According to the report accompanying the draft law, the changes are associated with economic and social benefits for Albania. The implementation of a harmonized legal framework for the protection of the EU's financial interests increases transparency and accountability in the management of public funds, significantly reducing the opportunities for abuse and corruption. This contributes to the creation of a more stable and reliable climate for domestic and foreign investors who seek legal stability and guarantees for the protection of their capital.
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