Criminal Code of the Republic of Albania (1995, as amended 2015) (excerpts related to Counter-Terrorism and Violent Extremism) (English)
Criminal Code of the Republic of Albania
(excerpts)
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Article 7
The applicable law on criminal offences committed by foreign citizens
The foreign citizen, committing a criminal offence within the territory of the
Republic of Albania, shall be held liable under the criminal law of the Republic of
Albania.
The criminal law of the Republic of Albania shall also be applicable to a
foreign citizen committing one of the following crimes against the interests of the
Albanian State or citizen outside the territory of the Republic of Albania:
c) crimes with terrorist purposes;
Article 7/a
Universal jurisdiction
The criminal law of the Republic of Albania is also applicable to the foreign
citizen, being in the territory of the Republic of Albania and not being extradited, and
having committed one of the following offences outside of the territory of the
Republic of Albania:
ç) offences for terrorist purposes;
[...]
Article 28
Special forms of collaboration
2. The terrorist organization is a specific form of the criminal organization,
composed of two or more persons that have a steady collaboration extended over time,
with the purpose of committing offences with terrorist purposes.
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CHAPTER VII
ACTS OF TERRORIST INTENTION
(The title amended by law no.9686, dated 26.02.2007, Article 14)
Article 230
Acts of terrorist intention
(Amended by law no.9686, dated 26.02.2007, Article 15;
Amended by Law no. 23/2012, dated 01.03.2012, Article 27)
Commission of the following acts, with the intent to spread panic among the
population, or compel the state bodies, Albanian or foreign, to perform or not perform a
certain act, or seriously destroy or destabilize substantial political, constitutional, economic
or social structures of the Albanian state, another state, international institution or
organisation, shall be punishable by imprisonment of no less than fifteen years, or life
imprisonment.
Offences for terrorist purposes shall include:
a) offences against a person, which can cause death or grave injury;
b) hijacking of aircraft, vessel, other means of transport, or fixed platforms, or
unlawful exercise of control over them, by force or threat to use force, or any other forms of
threat;
c) commission of acts of violence against a person on board of an aircraft in flight,
aboard a ship or on board a fixed platform, where those acts might jeopardize the safety of
aircraft, ship, or fixed platform;
ç) destruction of an aircraft in operation, ship or a fixed platform, or causing such
damage to aircraft, vessel or its cargo, or fixed platform, which render impossible or
endanger or might endanger the safety of flight, navigation or fixed platform;
d) planting, by any means, in an aircraft in service, ship or fixed platform, a device or
substance that could destroy the aircraft, ship or fixed platform, or cause damage to aircraft,
vessel or its cargo, or fixed platform, and which endangers or might endanger the safety of
flight, cruise ship or fixed platform;
dh) destruction of or damage to flight hardware or marine navigational equipment or
interference with their operation, where such an act could endanger the safety of aircraft or
vessel;
e) dissemination of information that is known to be untrue, thereby risking the safety
of an aircraft in flight or sailing ship;
ë) murdering or kidnapping an internationally protected person, under Article 9 of this
Code, or any other attack against him/her or his/her freedom;
f) a violent attack against the office, private apartment or means of transport of an
internationally protected person, under Article 9 of this Code, where this attack endangers
his/her person or freedom;
g) taking hostage or kidnapping a person and threatening to kill, injure or continue
holding him hostage;
gj) receipt, possession, use, transfer, disposal, disposition or proliferation of nuclear
material, intentionally and without being legally authorised, that causes or could cause death
or serious injury to any person, or serious damage to property;
h) theft, misappropriation or benefit through nuclear materials fraud;
i) soliciting nuclear materials using coercion, violence or any other form of threat;
j) manufacture, possession, purchase, transportation or marketing of explosives,
firearms, biological, chemical or nuclear weapons, and research for the production of mass
destruction weapons;
k) committing acts of violence, using any device, substance or weapon, against a
person in an international civil aviation airport, where those acts cause or might cause
serious injuries, or death of persons;
l) destruction of or serious damage to facilities or equipment in an international civil
aviation airport or plane located at the airport that is not in flight, or disruption of airport
services, using any device or weapon, where that act endangers or could endanger the
security of the airport;
ll) proliferation, placement, discharge or setting off of explosives or other lethal
ordnance in public places, offices of a state or government, public transportation system or
public infrastructure, and distribution in the environment of hazardous substances causing
fires, floods, explosions, for purposes of causing death or serious bodily harm or massive
destruction of the above-mentioned locations, facilities or systems, where that disaster could
result in major economic loss;
m) heavy and large scale destruction of public property, public infrastructure,
transportation system, information system and private property, endangering the lives of
people;
n) causing interruption of supply with water, electricity or any other important utilities;
or any other acts intended to cause death or serious injury to civilians or any other
person who is not taking an active part in hostilities in a situation of armed conflict,
committed for the purposes set out in the first paragraph of this Article.
Actions that cause the disruption of an important service, system, public or private
activity, as a result of protests, civil disobedience, or strike, shall not be considered offences
for terrorist purposes under the meaning of this Article.”.
Article 230/a
Financing of terrorism
(Added up by Law no. 9086, dated 19.06.2003, Article 7; amended by law no.23/2012, dated 01.03.2012, Article
28; the part that provided for punishment by fine as main punishment in addition to imprisonment is abrogated by
law no.144, dated 02.05.2013, Article 48)
Provision or collection of funds, by any means, directly or indirectly, with the intent to
use them or knowing that they will be used, in whole or in part:
a) to commit offences for terrorist purposes;
b) by a terrorist organisation;
c) by a single terrorist;
shall be punished by not less than fifteen years of imprisonment or life imprisonment.
The provisions of this Article shall apply:
a) to all funds, including assets of any kind, tangible or intangible, movable or
immovable, irrespective of the manner of their acquisition, and legal documents or
instruments of any kind, even in electronic or digital form, that demo
Article 230/b
Concealing of funds and other property that finance terrorism
(Added up by Law no. 9275, dated 16.09.2004, Article 16; the part that provides for even the punishment by fine
as main punishment in addition to imprisonment is abrogated by law no.144, dated 02.05.2013, Article 48)
The transfer the conversion, the concealing, the movement or the change of property
of the funds and of other goods, which are put under measures against terrorism financing,
in order to avoid the discovery and their location, is sentenced with imprisonment from four
to twelve years.
When this crime is committed during the exercise of a professional activity in
cooperation or more than one time, it is sentenced to imprisonment from seven to fifteen
years and with a fine from one to eight million ALL, whereas when it causes serious
consequences, it is sentenced with imprisonment for no less than fifteen years.
Article 230/c
Disclosure of information by persons who perform public functions or persons
exercising a duty or profession
(Added up by Law no. 9275, dated 16.09.2004, Article 16; the part that provides for even the punishment by fine
as main punishment in addition to imprisonment is abrogated by law no.144, dated 02.05.2013, Article 48)
Getting acquainted identified persons or of other persons with data regarding the
verification or the investigation of funds and other goods towards which are applied
measures against terrorism financing, from persons exercising public functions or in exercise
of their duty or profession, is sentenced with imprisonment from five to ten years.
Article 230/ç
Performance of services and actions with declared persons
(Added up by Law no. 9275, dated 16.09.2004, Article 16; the part that provides for even the punishment by fine
as main punishment in addition to imprisonment is abrogated by law no.144, dated 02.05.2013, Article 48)
Issuing of funds and of other assets, the performance of financial services as well as
of other transactions with identified persons towards whom are applied measures against
terrorism financing is sentenced with imprisonment from four to ten years.
Article 230/d
Collection of funds for financing terrorism
(Added up by Law no. 9686, dated 26.02.2007, Article 16; abrogated by law no.23/2012, dated 01.03.2012,
Article 57)
The collection of financial means of any kind, directly or indirectly, to finance
organizations or committal of acts of terrorist purposes, is sentenced with imprisonment from
four to twelve years.
Article 231
Recruitment of persons for committing acts with terrorist intentions or financing of
terrorism
(Amended by Law no. 9686, dated 26.02.2007, Article 17)
Recruitment of one or more persons for committing acts with terrorist purposes or
financing of terrorism, even when these acts are aimed at another country, international
organization or institution, if it does not constitute another criminal act, is punishable by no
less than ten years of imprisonment.
Article 232
Training to commit acts of terrorist intentions
(Amended by Law no. 9686, dated 26.02.2007, Article 18)
Preparation, training and giving any form of instruction even in anonymous manner or
in electronic form, for producing or using explosive substances, military weapons and
ammunition, other weapons and chemical, bacteriologic, nuclear or any other substance,
dangerous and hazardous to people and property, as well as techniques and methodologies
for committing acts with terrorist purposes and participation in such activities, even when
these acts aim at another country, international organizations or institutions, if they don’t
constitute another criminal act, are punishable with no less than seven years of
imprisonment.
Article 232/a
Incitement, public calls and propaganda for committing acts with terrorist intentions
(Added up by Law no. 9686, dated 26.02.2007, Article 19)
Incitement, public call, distribution of pieces of writing or propaganda in other forms,
with the aim of supporting or committing one or more acts for terrorist purposes and
financing of terrorism, if they do not constitute other criminal act, are punishable by
imprisonment from four up to ten years.
Article 232/b
Threating to commit acts of terrorist intentions
(Added up by Law no. 9686, dated 26.02.2007, Article 19)
Serious threat for committing acts with terrorist purposes to a public authority, even
of another country, international organization or institution, is punishable by imprisonment
from eight up to fifteen years.
Article 233
Creating armed crowds
Creating armed crowds to oppose public order through violent acts against the life,
health, personal freedom of the individual, property, with the intent of instilling fear and
uncertainty in the public, is sentenced up to ten years of imprisonment.
Article 234
Manufacturing military weapons
Manufacturing, storing, transporting of military, chemical, biological, nuclear weapons
which have a poisonous or explosive base, with the intent of committing acts of terrorism, is
punishable by five to fifteen years of imprisonment.
Article 234/a
Terrorist organizations
(Added up by Law no. 9275, dated 16.09.2004, Article 17)
The establishment, organization, the leading and financing of the terrorist
organizations is sentenced with imprisonment of no less than fifteen years.
The participation in terrorist organizations is sentenced to imprisonment from seven
to fifteen years.
Article 234/b
Armed gangs
(Added up by Law no. 9275, dated 16.09.2004, Article 17)
The establishment, organization, the leading and financing of the armed gangs is
sentenced with imprisonment from ten to fifteen years.
The participation in armed gangs is sentenced to imprisonment from five to ten years.
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Article 265/a
Involvement in military operations in a foreign state
(Added up by Law no. 98, dated31.07.2014)
Involvement in military formations, military or paramilitary organisations in an armed
conflict taking place in the territory of a foreign state or participation at any type of training
conducted by these structures, without being a citizen of the foreign country, without being a
member of the armed forces of one of the parties in conflict or official military missions of the
armed forces of a state that is not a party in the conflict, official military missions of an
international organisation, is punishable to imprisonment of from three to eight years.
This criminal offence is committed to overthrow the constitutional order or to infringe the
territorial integrity of a foreign state shall be sentenced to imprisonment form five to ten
years.
Article 265/b
Organising the involvement in military operations in a foreign state
(Added up by Law no. 98, dated 31.07.2014)
Incitement, recruitment, organisation, leading, training, making available equipment,
establishment or the use of funds or other means for financing, material support to the persons, in
any form or fashion, to commit the criminal offence provided for in Article 265/a shall be
sentenced to imprisonment from eight to fifteen years.
Article 265/c
Call for involvement in violent military operations in a foreign state
(Added by Law no. 98, dated 31.07.2014)
The public call in whatever form, means or fashion to commit the criminal offence provided for in
Article 265/a or 265/b shall be sentenced to imprisonment up to three years.
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