1. ANTI-CORRUPTION
RESEARCH
OCTOBER 2015- JANUARY 2016
CLINICAL LAW

2. DEFINITION OF CORRUPTION
• It is in the human nature to try to create
privileges and personal benefits.
• Abuse of office, of entrusted power or public
office for private gains.
• Can be characterized by behavioral that justify
and reinforce it, returning to a ‘’culture’’.
• It’s a concern for the economy.

3. TYPES OF CORRUPTION
•Active corruption in the public sector
•Passive corruption in the public sector
•Massive corruption (in the lower levels of administration)
•The high levels corruption
Administrative corruption
•Active corruption in the private enterprise
•Passive corruption in the private sector
Economic corruption
•Related to the organized crimePolitical corruption

4. OFFICIAL STATISTICS OF THE DISTRICT
COURT OF TIRANA
PERIOD 01.01.2015 – 16.12.2015
Active corruption
(article 244)
Passive corruption
(article 259)
Total cases 41 14
Terminated cases 36 9
Guilty verdicts 1 1

5. PROVISIONS IN THE CRIMINAL CODE
•Article 244 (Active corruption of persons exercising public functions)
•Article 244/a (Active corruption of foreign public officials)
•Article 245 (Ative corruption of senior state officials or local elected reprezentatives)
•Article 245/1 (Exercise of unlawful influence against against the persons exercising
public functions)
The section of criminal
offences against the state
activity carried out by the
citizens
•Article 259 (Passive corruption of persons exercising public functions)
•Article 259/a (Passive corruption of foreign public officials)
•Article 260 (Passive corruption of senior state officials/local elected representative)
The section of criminal
offences against the state
activity carried out by the
state officials or those
charged with public function
•Article 164/a (Active corruption in private sector)
•Article 164/b (passive corruption in private sector)
The section of criminal
offences of corruption
conducted at commercial
companies

6. INTERNATIONAL JURIDICAL ACTS
European Anti-Corruption
Conventions
• Criminal Law Convention on Corruption of the
Council of Europe (COE Criminal Law
Convention)
• Civil Law Convention on Corruption of the
Council of Europe (COE Civil Law Convention)
• European Union Convention Against
Corruption Involving Officials (EU Convention
Against Corruption)
• European Union Convention on the Protection
of the European Communities’s Financial
Interests (EU Convention on Financial
Interests)
• Council of Europe Convention on Laundering,
Search, Seizure and Confiscation of the
Proceeds from Crime and on the Financing of
Terrorism
• Recommendation No. R (2000) 10 of the
Committee of Ministers to Member states on
codes of conduct for public officials
• Council of Europe Resolution (97) 24 on the
Twenty Guiding Principles for the Fight
Against Corruption
United Nations Conventions
Against Corruption
• United Nations Conventions
Against Corruption (UNCAC)
• United Nations Conventions
Against Transnational Organized
Crime and the Protocols Thereto
(UNTOC)
• Convention on Combating Bribery
of Foreign Public Officials in
International Business
Transactions (OECD Anti-Bribery
Convention)

7. THE LIST OF CURRICULUMS
LITERATURE AVAILABLE
• Bachelor (
Criminology-
Penology; Criminal
law- special part)
• Master (Professional
Ethics in Criminal
Justice; European
Criminal Policy and
Restoration Justice;
Economi and Crime)
LITERATURE AVAILABLE
IN THE LIBRARY
• Corruption offences
with a special
emphasis in Kosovo
• Summary of
Evaluation Reports of
GRECO Albania
• Administrative
Investigation of
Corruption Offences
to private interests
PROTECTED PhDs AT
THE FACULTY OF LAW
• Economic aspects of
organized crime
• Conflict of interests
offences commited by
state employees and
public services
• The efectiveness of
legislation and the
criminal justice sistem
against crime in the
European Integration
Process
• Criminal liability

8. INTERNATIONAL ORGANIZATIONS
• GRECO (The Group of States Against Corruption)
• PACO
• SPAI (Anti-Corruption Initiative of the Stability Pact)
• IACA (International Anti-Corruption Academy)
• OLAF (Anti-Fraud Office)
• UNODC
• GOPAC (Global Organization of Parliamentarians
Against Corruption
• Transparency International
• Global Witness

9. NGO-s OPERATING IN ALBANIA
• BIRN ALBANIA (Open Society Foundation for Albania)
• ALBANIA HELSINKI COMMITTEE (AHC)
• SOROS FOUNDATION
• TRANSPARENCY INTERNATIONAL ASSOCIATION
ALBANIA
• OFFICE FOR THE PROTECTION OF CITIZENS
• TRANSPARENCY AND INFORMATION CENTER FOR FREE
• ALBANIA CENTER FOR ECONOMIC RESEARCH (ACER)

10. CONTACTS FOR REPORTING
CORRUPTION
• High Inspectorate For The Declaration And Audit
Of Assets And Conflict Of Interest (HIDAACI) –
08009999
• Ministry Of Internal Affairs – 08009090
• Albanian State Police – 08009090
• Primer, Anti-corruption Department – 0800909
• Ministry of Finances – www.stopkorrupsionit.al
• Ministry of Health –
antikorrupsioni@shëndetësia.gov.al
• Tax Department - 08001414

11. SURVEY ON CORRUPTION BY
CLINICAL LAW
The main objective
• Is to measure the Albanian public perception,
experience and behavior against corruption, to
identify corrupt practices in various areas of
management, delivery, service of public
administration.
Methodology
• Questionnary, face to face interview

12. TARGET GROUPS
AGE,EDUCATION, GENDER, EMPLOIMENT
EDUCATION PERCENTAGE
Higher Education 85.5 %
Secondary
Education
11.1 %
Primary
Education
3.4%
AGE PERCENTAGE
18-29 years 84.8 %
50-59 years 5.5 %
30-39 years 4.1 %
40-49 years 2.8 %
Over 65 years 2.1 %
60-65 years 0.7 %
FEMALE 77.9 %
MALE 22.1%
UNEMPLOYED 74.5 %
EMPLOYEES 16.6 %
SELF-EMPLOYED 8.9 %

13. Question: How would you assess the situation of
corruption in the country?
78.60%
19.30%
1.40%0.70%
Alarming
Common as anywhere.
Sporadic
Not worrying

14. Question: The main reasons of corruption:
28.30%
24.80%17.90%
16.60%
11.70%
0.70%
The lack of strict
administrative control.
Fast personal enrichment
of people with power.
Low salaries of officials in
the public sector.
Inefficiency of the judicial
system.
Moral crisis.
Deficient legislation..

15. Question: What are the reasons for the
existence of corruption?
26.20%
24.80%19.30%
11%
9.70%
7.60% 1.40%
There is no other way to
do the job.
To expedite the
processes, procedures.
To have an alternative
source of income.
To treat, served
appropriately.
To avoid penalties,
sanctions.
To get professional
treatment, privileges.

16. Question: Reasons for not accepting gifts /
money:
42%
19.30%
18.60%
15.90%
4.20%
An employee is obliged to
perform his work.
Must fight corruption, we
should not be involved in
it.
Ethical issues, legal.
It's against the law, a
criminal offense.

17. Question: Is that corruption to you?
91%
8.30%
0.70%
Bribe police for not
suspended license.
Gifts for teachers on 7th-
8th of March.
Gifts for a doctor after a
successful operation.

18. Question: coverage or media attention on
the problem of corruption?
54.50%
40.70%
4.80%
It has increased.
It has remained the same.
It is shrinking.

19. Question: A person who has paid a bribe to an official
servant, how safe is he that the service will be taken or
problem will be solved?
47.60%
26.20%
20.70%
5.50%
Safe.
Quite safe.
Unsure.
Highly uncertain.

20. Question: In your opinion, which situation often
happens when someone pays a bribe to an
official?
49.70%
39.30%
11%
Previously known as paid,
what form and amount.
Gives official indication or
requires payment.
Family offers its payment
decision.

21. HOW CORRUPT OR HONEST ARE THE
REPRESENTATIVES OF THESE INSTITUTIONS
VERY HONEST VERY CORRUPT
PROSECUTERS 2.8 % 58.6 %
JUDGES 2.8 % 56.6 %
MEMBERS OF
PARLIAMENT
3.5 % 55.7 %
MINISTERS 4.8 % 52.4 %
CUSTOMS OFFICERS 4.8 % 52.4 %
MAYORS 4.1 % 45.5 %
TAX AUTHORITIES 4.1 % 43.4 %
GOVERNORS 3.4 % 43.4 %
DOCTORS 3.4 % 41.4 %
POLICES 4.8 % 37.4 %
PROFESSORS 3.4 % 26.2 %
TEACHERS 9.8 % 10.3%