Press Release

Durrës Prosecutor's Office confiscates the assets and demands 6 years in prison for the Italian citizen F.M., for the Criminal Offense "Laundering the Proceeds of a Criminal Offense or Criminal Activity"

The Prosecutor's Office at the Court of First Instance of the General Jurisdiction of Durrës has sent a case for trial within the framework of criminal proceedings no. 831/2018 in charge of the defendant: F.M., with Italian citizenship, accused of committing the criminal offense "Laundering the Proceeds of a Criminal Offense or Criminal Activity" provided by Article 287/1 letter "d" of the Criminal Code.
 
During the trial, it was fully proven that the defendant F.M. had committed the criminal offense for which he was accused.
Regarding the fact of the criminal proceedings against him, the prosecuting body has administered from the Italian Justice Authorities data from which it results, among other things, that the Italian citizen F.M., upon the Decision of the Court of Appeal of Serious Crimes, Salerno, Italy, was found guilty to the criminal offenses provided by articles 110, 575, 577 n.4 c.p and 7 D.L 13.05.1991 n.152 converted with amendments to the Law on 12.07.1991 n.203 and finally sentenced to 12 years and 6 months of imprisonment, criminal offenses which refer to the murder of a citizen S.R., considering the changes in the provisions of articles 575 and 577 carried out by Decree Law no. 152/1991 and no. 203/1991 of the competent authorities in the Italian state. 
In the following, from the administered acts of the Letter Rogatory, it appears that the defendant F. M., in addition to the above-mentioned sentence, has several other cases prosecuted and convicted by the Italian Justice Authorities for lighter crimes and of a mainly financial nature. This citizen was convicted in 1984, 1991 (twice), 1998, 2009, 2011, 2012, 2013 and 2014.
Considering the above facts, as well as for a more complete and objective investigation, it has been decided to conduct an economic examination.
The defendant F.M. has bought real estate in the Republic of Albania over the years. The total amount of investments of the defendant F.M., in the Albanian state, according to the Economic Expertise Act conducted during the trial, turns out to be 217,709 euros.
The defendant F.M. invested the money obtained from the criminal activity in the Albanian state by buying real estate. For the purchase of these assets, he did not use bank transactions, but used cash transfer, and his goal was to hide the origin of the property (money) acquired illegally, so that later the new property created appears legal.
Based on the above, it results that the defendant F.M. has consumed the elements of the criminal offense "Laundering the proceeds of a criminal offense or criminal activity" provided by Article 287 letter "d" of the Criminal Code, d) investment in economic or financial activity of money or items, knowing that they are proceeds of a criminal offense or criminal activity.
As for the above, based on article 378/1 of Criminal Procedural Code, the Prosecutor's Office at the Court of First Instance of General Jurisdiction has requested:

•    Finding the defendant F.M guilty for the criminal offense “Laundering the proceeds of a criminal offense or criminal activity” provided for by article 287/1 letter ”d” of the Criminal Code and convicting him with 6 years of imprisonment.

•    In application of article 36 of the Criminal Code confiscation of assets as follows:

1.    Property, area of 86,538 m2 apartment in Durrës (area in co-ownership is 11,495 m2 + 72.7141 m2 terrace);
2.    Property, Area  69.9 m2 apartment in Durrës (area  in co-ownership is 7,684 m2);
3.    Property, Area  86,025 m2 apartment in Durrës;
4.    Property, 8518, Area  80.05 m2 apartment in Durrës;
5.    Property, Area  91,294 m2 apartment in Durrës;
6.    Property, Area  13,525 m2 garage in Durrës;
7.    Property, Area  13,525 m2 garage in Durrës;
8.    Property, Area  32,33 m2 garage in Durrës;
9.    Property, Area  30.5 m2 garage in Durrës;
10.    Property, Area  15.25 m2 garage in Durrës;
11.    Property, Area  17.08 m2 garage in Durrës;
12.    Property, Area  285.22 m2 garage in Durrës;
13.    Daimler Chrysler type vehicle, Model ML 320 CDI, Durrës owned by citizen F.M.
14.    Amount of 389.67 euros in the bank account in the name of F.M.