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 I    ALBANIAN      I      State Police        I    Ministry of Interior 
 

REPUBLIC OF ALBANIA

Ministry of Interior

 

 

 

NATIONAL ACTION PLAN

(On the fight against trafficking in stolen vehicles)

 

Tirana 2008

 

 

Introduction

 

The phenomenon of illicit traffics in Albania, as in the whole region, started to be observed after 1990, period which coincided with the change in political systems. Albanians involved in criminal activities or with criminal records established contacts with the criminal networks operating in the neighboring countries, thus gradually there were opportunities for illegal traffics to flourish, including trafficking in stolen vehicles.

 

Actually the fight against organized crime and trafficking of stolen vehicles is foreseen in the Albanian Government program as one of its priorities. In this framework developing a National Action Plan will help to successfully fight against this illegal activity. This Action Plan is developed on the basis of the experience gained and lessons learned by all national institutions responsible for the fight against trafficking in stolen vehicles.

 

The goal of this plan is to consolidate the progress achieved so far and to develop new legal and institutional procedures that suit the specific conditions of our country regarding the phenomenon of trafficking in stolen vehicles and to develop new and more efficient methods from all the national institutions that are responsible for the fight against trafficking in stolen vehicles.

 

Analysis

 

The phenomenon of trafficking in stolen vehicles is not a problem only to Albania, but it is an international problem that presents a large scale concern to the entire world. In the area of international trafficking in stolen vehicles there exist at the same time countries of origin where vehicles are stolen, transit countries and destination countries. With regard to stolen vehicles our country is a destination country. It has been proved that there exist already international criminal organizations that are involved in the trafficking of stolen vehicles. The links between traffickers are quickly established and are maintained for as long as the criminal activity takes place, thus the traffickers in the countries of origin will undertake the role of organizer of this kind of trafficking (stealing vehicles, providing them with false documents to travel), whereas other traffickers will undertake the role of the persons who place orders and transport the stolen vehicles to the destination countries. The profit obtained from this traffic is divided among traffickers from different countries, who have established cooperation with no state borders and who take advantage of the lack of regional police cooperation to strike at them. The Albanian traffickers in this cooperation play the role of the thieves, who steal expensive cars in the countries of origin, transport them and find customers in our country.

 

The fight against trafficking in stolen vehicles remains one of the priorities of the Albanian State Police, as a component part of the general fight against organized crime. The Albanian State Police have been involved in some regional operations initiated by SECI; we can mention the operations encoded “Road Show 1, 2, 3” “The Lake 1, 2, 3, 4,” and “Catch”.

The number of trafficked vehicles that are identified in our country has been on the rise year by year and the majority of them have been reported stolen in Italy.

The stolen vehicles are manufactured in the recent years, in the period 2002-2006, and are predominantly of the makes Mercedes Benz and BMW. Recently there have been cases of trafficked Porsche Cayenne and Range Rover.

The Albanian State Police have all the capabilities and the legal framework to make use of special investigation methods such as: to conduct surveillance on persons, vehicles, intercept communications, take photographs and video recording. Some provisions are added recently in the Criminal Procedure Code regarding “the special investigation methods” such as test purchase and undercover officers.

 

It results from the investigation of these cases that the stolen vehicles have entered the country mainly through the legal border crossings. The vehicles have managed to enter the country because they were provided with proper documents and at the time of entering the country they were not reported stolen, because they are reported stolen once they have entered our country. In the course of investigations we have noticed cases of insurance frauds by the legal owners of the vehicles and also cases of vehicles that have been provided with false documents.

Albanian traffickers mainly use foreign citizens to transport stolen vehicles, who for payment will enter our country with the stolen vehicle, will transport the stolen vehicle to the address defined in advance and return to their country without any vehicle.

The border crossings that are mostly used by traffickers are the ones with Monte Negro (Hani i Hotit) and with Greece (Kakavija and Three Bridges). There have been noticed in a few cases that they have used crossings in the green border area with Monte Negro (Hani i Hotit and Shkodra Lake), Greece (Qafe-Bote), border area with Macedonia (Bllate and Qafe Thane) and the border area with Kosovo (Morine).

 

The Albanian legislation

 

The criminal legislation of the Republic of Albania does not stipulate car theft as a separate criminal offence, because car theft is regarded as theft of property. Theft of cars is included in the legal provisions of the Criminal Code on property theft.

 

Trafficking in vehicles is a new provision, which is added to the Criminal Code by the Law No. 8733, Article 141/a dated 24.01.2001 and reference is made to the modern international legislation and as a result of consultations with international police missions that monitor the Albanian State Police. Trafficking in vehicles is stipulated as a separate criminal offence in article 141/a of the Criminal Code of the Republic of Albania, which specifies that:

Import, export, transit and trade of stolen motor vehicles contrary to the law, for material gain or any other profit, is punished from three to seven years imprisonment.

In case the same offence is committed in cooperation or more than once or when it has brought about serious consequences, it is punished from five to fifteen years imprisonment.

 

Other offences related to the trafficking in vehicles are “Falsification of documents” article 186 of the Criminal Code, “Falsification of stamps, seals or forms” article 190 of the Criminal Code, “Smuggling in other goods” article 174 of the Criminal Code.

In our criminal legislation the problem of culpability between the “innocent buyer” of a stolen vehicle and the owner who sells the vehicle is a civil issue that is dealt with pursuant to the procedures defined in the Civil Code of the Republic of Albania. The “innocent buyer” has to file a civil suit to solve the case, but the case could be examined by the court during the criminal proceedings.

 

Confiscations or seizures of assets that are related to criminal activities are based on:

  • The Law No.9284 dated 30.09.2004 “On prevention and striking at organized crime”; the law defines the circle of persons who are suspected of being involved in organized crime as well as the powers and criteria to seize and confiscate assets related to these criminal activities.

  • Article 36 in the Criminal Code “Confiscation of the means that are used to commit the offence and products of the criminal offence”; the article stipulates that confiscation is ordered by the court.

 

 

Cooperation in the area of criminal investigation

 

The investigation of the cases of trafficking in stolen vehicles asks for collection of evidence and use them to substantiate charges in order to convict the perpetrators. Information received from Interpol allows for investigation to start, but the channel that must be used to receive them is through “International rogatory letters”. “International rogatory letters” are provided for in articles 505 and 509 of the Criminal Procedure Code and the relevant authority to receive them is the Ministry of Justice. In most of the cases the answers arrive very late.

Our country has made a considerable progress in the recent years and has acceded European and international instruments, which facilitate the cooperation in the criminal investigation area and has signed a big number of bilateral agreements. But we have to accept that in the area of the fight against trafficking in stolen vehicles there are no methods and instruments for such cooperation. We have to establish an efficient system of cooperation in the criminal investigation area, taking into consideration especially the signing of bilateral and multilateral agreements in order to increase cooperation in this area.

 

 

 

 

Strengths (the areas we feel stronger)

  • The political will and the program of the Government on the fight against organized crime. We have already the national strategy on the fight against illegal traffics.

  • International organizations and foreign experts that are providing assistance to the Albanian State Police

  • We have set up specialized units to fight against this king of trafficking.

  • We have our experience in this field

 

Weaknesses (the vulnerable areas)

  • Lack of a national computer network for all the national institutions dealing with vehicles. The national institutions that play an important role in the identification of trafficked vehicles are: The General Directorate of the Albanian State Police, the Customs General Directorate, the Tax General Directorate and the insurance companies. There exists cooperation between these institutions and the ASP regarding exchange of information, but what is missing in this cooperation is the mechanism to coordinate activities.

  • The criminal proceedings that have started from the Prosecution Office regarding trafficked vehicles are suspended in most of the cases because the countries of origin do not provide answer to the rogatory letters or the answers arrive late and investigations are carried on endlessly.

  • In many cases the owners of the vehicles are involved in the trafficking; once they have managed to traffic their vehicles they report them as stolen.

  • In most of the cases the stolen vehicles that are seized are returned to the persons from whom they are seized and they are tasked to guard them till the end of the proceedings.

  • There are shortcomings regarding the protection and control of the state border.

  • There are sporadic cases of corruption of employees that carry out procedures from the time the vehicles enter the country until they are registered.

  • There exists an informal market for stolen vehicles inside the country.

  • Lack of public awareness, education programs on the risk of existence of stolen vehicles.

 

 

THE ACTION PLAN

 

The Action Plan consists of the following elements:

  • Objectives

  • Activities

  • Responsible institutions

  • Financial resources and possible partners to carry out the task

  • Indicators of expected results

 

 

OBJECTIVES

 

The main objectives are:

  1. Identification of trafficked vehicles by means of improving the procedures for detection of stolen vehicles and cooperation with all law enforcement agencies.

  2. Identification of traffickers of stolen vehicles, completion of investigations, start of legal proceedings against perpetrators and their conviction and return of stolen vehicles to the legal owners.

  3. Training and capacity building

  4. Prevention of trafficking of stolen vehicles

 

 

Objective I IDENTIFICATION OF TRAFFICKED VEHICLES

 

Specific objectives (a): Leading and coordination of activities of the national institutions that are responsible for the fight against trafficking in stolen vehicles, in order to increase the efficiency of the fight against this kind of trafficking.

 

Activities

Responsible institutions

Deadline

Indicators

(expected results)

Resources

1. Set up an intergovernmental working group to monitor the fight against trafficking in stolen vehicles with representatives from each responsible institution (Police, Customs, Transport, Tax Office). A representative from the General Prosecution Office should attend the meetings as well.

 

CM

2008

Monitoring the fight against trafficking in stolen vehicles

Existing

 

In the framework of unified statistics service to propose to the Ministry of Justice to develop unified statistics on “Trafficking in motor vehicles” in order to collect data and statistics related to this offence.

 

 

2008

All responsible institutions should collect and make use of accurate and confirmable statistics and should analyze the problems that are faced

Existing

 

To arrange periodic (quarterly) meetings in order to report on data, define methodology to collect information and analyze problems that will be faced.

 

2008

The level of cooperation and coordination between national institutions and the efficiency of the fight against this phenomenon is increased.

Existing

 

Specific objectives (b): “Strengthening the border control”

 

Activities

Responsible institutions

Deadline

Indicators

(expected results)

Resources

1. Intensify checks at the entry/exit points at the border crossings by implementing strict rules and find out more efficient methods and procedures to identify traffickers of stolen vehicles.

 

ASPGD

2008

  1. Identification of persons who transport stolen vehicles that enter the country by car and leave the country without the car.

  2. Identification of stolen vehicles by means of selective checks of new suspicious vehicles.

  3. Arrest traffickers of stolen vehicles and their abettors in the very act of committing the offence.

 

Existing

 

 

 

 

 

2. To implement modern methods and procedures for the complete check of the state border by means of controlling areas of the green border that are used by traffickers to transport the stolen vehicles.

 

ASPGD

2008

  1. Full monitoring of the border will provide fewer opportunities for the traffickers to transport stolen vehicles through the state border.

  2. It will have an impact that will put an end to cases of stolen vehicles that enter the country and are not registered.

 

Existing

 

 

 

3. Completion of the roll out of TIMS system to all border crossings and the use of ASF2 Interpol system by police officers who have access to this system.

ASPGD

2008

1. It will enable the fast exchange of information and identification of stolen vehicles, traffickers and their abettors.

In the framework of TIMS program

 

4. Provide Border Police with special equipment that automatically read number plates, set of keys to open vehicles, manuals on makes of vehicles, etc.

 

ASPGD

2008

Modernize the border crossings with modern equipment to check vehicles, which will help the staff to identify the stolen vehicles.

Donors

 

 

5. Improve the Vehicle Registration System in the future by adding more data on vehicles at the time they are registered at the border crossing (to record also the chassis number).

ASPGD

2008

This will enable to conduct checks in order to identify stolen vehicles that enter and leave the country and also traffickers and their abettors involved in this kind of trafficking.

Existing

 

 

 

Specific objectives (c): “Strengthening the customs check”

 

Activities

Responsible institutions

Deadline

Indicators

(expected results)

Resources

1. To enforce strict rules for the import-export procedures of vehicles during checks of companies that import vehicles and spare parts as well as individuals that import vehicles, in order to properly implement the rules

CGD

ASPGD

 

2008

1.       Knowledge on international import-export procedures of vehicles and specimen of original documents that vehicles should have in order to be imported and sold.

2.       Note down violation of import procedures by companies and individuals that bring over vehicles from abroad.

Existing

 

 

2. Conduct strict checks to verify the identity of persons who declare the vehicles during the customs procedures, in order to identify persons with false identity.

 

CGD

ASPGD

 

2008

This would help to identify persons involved in the network of trafficking in stolen vehicles.

Existing

 

3. To draft a Cooperation Agreement between CGD and RTSGD, which will define the quickest ways and methods for exchange of information during registration and custom clearance procedures, in order to identify stolen vehicles that are trafficked, smuggled and the responsible persons.

CGD

RTSGD

 

2008

1. Quick exchange of information to check and identify traffickers, forgers of documents and stolen vehicles. This would enable the identification of persons involved in the network of trafficking in stolen vehicles.

Existing

 

 

4. To coordinate and conduct joint operations between Customs and Albanian State Police units to seize stolen vehicles and arrest perpetrators that enter the country by violating the custom and border rules

CGD

RTSGD

 

2008

This would enable cooperation and coordination of checks and operations between these institutions.

Existing

 

 

 

 

Specific objective (d): Improve the registration procedures for vehicles.

 

Activities

Responsible institutions

Deadline

Indicators

(expected results)

Resources

1. To complete the roll out of computer network for all vehicles registration procedures that are carried out by the Road Transport Services Directorates.

 

RTSGD

2008

  1. Unification of vehicle registration programs, which use the same program language (ORACLE 9).

  2. Establish link by optic fiber in local networks of 12 regional directorates of registration of vehicles with the General Directorate of Road Transport.

 

Implementation of the existing project

 

 

 

2. To strengthen and strictly implement the rules and procedures for registration of vehicles in order to prevent cases of registration of stolen vehicles and identify new owners.

 

RTSGD

 

2008

  1. To select qualified members of the staff for the vehicle registration posts, who are aware of the procedures and documents that are submitted.

  2. To increase check capabilities during registration of vehicles in order to verify chassis numbers and documents that are submitted and identify violations and responsible persons.

Existing

 

 

 

 

 

 

 

3. To establish an on-line link by means of a Memorandum of Understanding between the Road Transport Services General Directorate and Ministry of Interior in order to quickly exchange information.

RTSGD

ASPGD

 

2008

  1. Authorized staff of RTSGD will have access to TIMS modules on wanted persons and ASF2 Interpol system on trafficked vehicles.

  2. The ASPGD staff will have access to driving license and vehicle registration databases.

  3. Prevention of cases of registration of stolen vehicles.

Existing

 

 

 

4. To develop a web application on the existing database of Tirana Regional Directorate, in order to use it as a central database on stolen vehicles for the whole country.

 

RTSGD

ASPGD

 

2008

Record vehicles that are reported stolen inside the country.

Existing

Donors

 

 

 

5. Conduct strict checks for the identity of persons who declare vehicles for registration for the first time or to register the changes in vehicles.

RTSGD

 

2008

This would enable the identification of persons involved in the network of trafficking in stolen vehicles.

Existing

 

 

 

Specific objective (e): Check of vehicles in circulation in the Albanian territory in order to identify stolen vehicles

 

Activities

Responsible institutions

Deadline

Indicators

(expected results)

Resources

1. To organize and conduct joint operations in order to check the implementation of rules and legal procedures by natural and legal persons who sell vehicles.

TGD

ASPGD

2008

To eliminate the informal market of vehicles and identify persons linked to traffickers.

Existing

 

 

2. To organize and conduct joint operations in order to check vehicles in traffic to increase public safety and identify vehicles that have false documents and insurance.

ASPGD

RTSGD

CGD

TGD

2008

  1. Elimination of shortcomings and problems that are noticed in vehicles in traffic.

  2. Identification of stolen vehicles.

Existing

 

 

 

 

OBJECTIVE II “Strike at traffickers of vehicles and start legal proceedings against them and their links. Completion of investigations and conviction of traffickers of vehicles, return stolen vehicles to their legitimate owners.

 

Specific objective: (a) “To increase the number of successful criminal prosecutions against traffickers of stolen vehicles and crimes related to them, including police, customs and road transport employees or other state employees, who abuse with their powers”.

 

Activities

Responsible institutions

Deadline

Indicators

(expected results)

Resources

1. Cooperation with the prosecution Office in order to deepen the investigations as part of legal proceedings that have started against criminal offences of trafficking in vehicles.

 

ASPGD

CGD

GPO

RTSGD

2008

Collect information about perpetrators that have committed these offences and conduct joint analyses with prosecutors.

Existing

 

 

2. To start a higher number of legal proceedings for arrested perpetrators than for suspects who are on bail by collection of information, joint analyses with Prosecution Office and application of special investigative methods.

MI

GPO

CGD

RTSGD

 

 

 

2008

Include traffickers and their criminal links in legal proceedings.

Existing

 

 

  1. Follow a hard line criminal policy on employees of national institutions, who abuse with their powers and apply sanctions of Criminal Code and not only administrative measures against them.

 

4. To collect and process information on falsifiers of chassis of vehicles and documents in order to identify places where falsifications are made and to take efficient measures to punish the perpetrators.

MI

GPO

CGD

RTSGD

 

 

 

 

ASPGD

CGD

RTSGD

TGD

2008

 

 

 

 

 

 

 

 

2008

  1. Increase of cooperation between national responsible institutions and the Prosecution Office in order to legally punish these offenders.

  2. The national responsible institutions should periodically report about disciplinary and administrative measures and criminal prosecutions/convictions of their employees who have abused with their powers.

Existing

 

 

 

 

 

 

 

Existing

 

 

 

5. To ask the Ministry of Justice to make the proper amendments in order that the Serious Crimes Prosecution Office should have the authority to deal with the provision on “Trafficking in motor vehicles” foreseen by article 141/a of the Criminal Code.

MJ

ASPGD

2008

1. Conduct more successful investigations against these criminal offence and conviction of traffickers and their links.

Existing

 

 

 

 

Specific objective (b): Completion of investigations and conviction of traffickers and their abettors.

 

Activities

Responsible institutions

Deadline

Indicators

(expected results)

Resources

1. To increase the number of criminal cases tried at the court and convictions of perpetrators of these criminal offences.

GPO

ASPGD

CGD

RTSGD

2008

1. Increase of cooperation between Prosecution Office and the national institutions in order to obtain evidence on perpetrators of these criminal offences.

Existing

 

 

2. To sign international cooperation agreements in the criminal field in the course of investigations and trials in order to complete investigations and convict traffickers and their abettors.

MJ

GPO

2008

1. To find out ways and means to speed up the procedures on rogatory letters.

Existing

 

 

3. To sign up direct and bilateral international police cooperation agreements in order to exchange information from intelligence services.

MJ

GPO

ASPGD

2008

  1. Bilateral international agreements to appoint points of contact and methods of cooperation.

 

Existing

 

 

4. To ask the General Prosecution Office to issue an order regarding vehicles that are seized based on article 141/a on “Trafficking in stolen vehicles”; this order should serve as a guide to district Prosecution Offices so that they should not task the owners of vehicles to guard them, but they should be parked in parking lots of Regional Police Directorates.

GPO

ASPGD

2008

To take the proper measures in order that the seized vehicles should be parked in safe and approved parking lots.

Existing

Donors

 

 

 

 

OBJECTIVE III Training and capacity building

 

Specific objective (a) “Develop other training programs for the specialists of national institutions who are responsible for the fight against stolen vehicles that are trafficked, in order that they could extend their professional knowledge”.

 

Activities

Responsible institutions

Deadline

Indicators

(expected results)

Resources

1. Institutionalize training courses for the employees of national institutions in order to widen their professional knowledge on criminal offences related to stolen vehicles that are trafficked.

ASPGD

CGD

RTSGD

TGD

 

 

2008

Make a research on the training needs to identify the training topics

 

 

 

Donors

 

 

2. Training of employees of national institutions that directly handle problems of stolen vehicles that are trafficked.

ASPGD

CGD

RTSGD

TGD

2008

Select the employees that will be trained from each institution

Donors

 

 

 

 

 

 

 

 

OBJECTIVE IV “Prevention of trafficking in stolen vehicles”

 

Specific objective (a) Increase public awareness on the necessity to fight against the phenomenon of trafficking in stolen vehicles.

 

Activities

Responsible institutions

Deadline

Indicators

(expected results)

Resources

1. Increase the level of awareness among employees of national institutions, judges and prosecutors to cooperate between them and increase the efficiency of investigations on trafficking in stolen vehicles.

ASPGD

CGD

RTSGD

TGD

GPO

2008

Efficiency of work of national institutions that are responsible to fight against this criminal activity

Existing

 

 

 

 

 

 

 

 

 

2. To increase public awareness on the negative effects on economy and Albanian society of the existence of the market of stolen vehicles.

ASPGD

CGD

RTSGD

TGD

GPO

2008

Television programs, publicity spots on the negative effects to Albanian economy and society where employees of national institutions are invited to attend.

Donors

 

LIST OF ABBREVIATIONS

CM                  Council of Ministers

MI                   Ministry of Interior

MJ                   Ministry of Justice

GPO                General Prosecution Office

MF                  Ministry of Finance

CGD                Customs General Directorate

TGD                Tax General Directorate

RTSGD            Road Transport Services General Directorate

ASPGD           Albanian State Police General Directorate

IC                    Insurance Companies