Meaning, Criminological Profile and Anatomy of Corruption

Abstract

The aim and object of this paper is the identification, recognition, examination and treatment of criminal acts of corruption as a typical form of occurrence in Albania, in general, and with particular emphasis, on the territory of the Prosecution of Tirana District Court during this period, as well as providing some concrete suggestions and recommendations in terms of effective preventive and repressive action against this disturbing phenomenon. Since corruption is perceived as a major risk for violation of the legitimacy of public institutions, targeting the society, morality and justice, studying and researching of these types of offenses is of great social and legal interest, as they are present in everyday Albanian life with severe consequences, often tragic ones, like the Albanian crisis and anarchy of 1997. High level corruption in government and public administration is even more dangerous because, not only does it slow down economic and social progress but it also feeds organized crime, and causes further political and collective instability. This paper is aimed at highlighting the specifics of the Albanian corruption offenses, which obviously apart from classical forms, similar to those of other countries of the world; also have their own characteristics and distinctive features. By reviewing and studying certain investigated and cleared cases of corruption in Albania, both in terms of criminal justice and criminology, we have tried to offer our legal experience in terms of operating techniques, investigation, as well as combating and preventing offenses of such nature for the period researched. During the study and research in the field of criminal acts of corruption, there were used modern scientific methods such as: historical methods, investigative methods, legal methods, comparative methods, individual case studies, survey-observation method, survey and interview method, statistical methods, statistical data, etc. Using these methods and research techniques, we were able to penetrate and deal in depth with many different aspects of criminal acts of corruption in Albania. Also, important data were obtained and analyzed by statistical evidence of the Attorney General, Tirana District Prosecution, Ministry of Justice and criminal materials were studied from Tirana District Court. The content of this publication treats and analyzes the legal meaning and the basic characteristics of corruption in general and that of the Albanian environment, in particular. In historical terms, the appearance of corruption in different social formations is presented. A special place is reserved for the role of public organizations in dealing with corruption. A novelty of the paper is its dealing with the anatomy of corruption, the reactions against it and the political will, the latter being the Albanian “Achilles‟ heel.” The meaning of corruption nowadays is not that of standard outdated notions, such as bribery and the like, but also of new legal concepts which are reflected in the Criminal Code. In order to provide a clearer and coherent reflection about corruption, we will try to examine some basic theoretical concepts elaborated by the researchers, lawyers and different criminologists. Keywords: crime, corruption, criminal acts, Attorney General, Ministry of Justice, Tirana District Court, etc.