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SPAK: A structured criminal group for cigarette smuggling is hit, 36 people under investigation

2025-05-28 19:08:00, Aktualitet CNA

SPAK: A structured criminal group for cigarette smuggling is hit, 36 people

The Special Prosecution Office against Corruption and Organized Crime has registered criminal proceedings No. 20, year 2023* for a sophisticated cigarette smuggling scheme, involving Albanian and foreign citizens, as well as employees of customs structures.

 

The suspects acted within a structured criminal group with the aim of smuggling cigarettes produced within the territory of Albania to neighboring countries and then to those of the EU. Specifically, the commercial entity (Cigarette Factory “AT”) involved has applied for and been granted the “Active Processing Regime” (RPA) authorization by the customs authority, with the aim of exemption from taxes and customs duties both on the import of raw materials and on export. The entity works under the “fason” regime, producing cigarette packs, for which it has a registered trademark and exclusivity, on behalf of the ordering company headquartered outside the territory of Albania.

 

The investigation revealed that the agreement between the subject under investigation and the ordering company was made with the sole purpose of avoiding customs duties and that the Albanian subject itself determined the destination, which turned out to be non-existent. The structured criminal group, in more than 30 (thirty) cases, changed the destination and then unloaded the cargo destined for the ordering company in Albanian territory, with the aim of smuggling it to neighboring countries, without paying customs duties. These are considerable, given the fact that they are excise goods and the legal obligations for export were not fulfilled, as is unrealistically reflected in the customs documentation.

 

From the entirety of the investigative actions carried out so far, there is a reasonable suspicion that this structured criminal group, with an activity spanning a long period of time, for the purpose of economic gain, has caused considerable damage to the state budget in the amount of 366,034,451,000 lek and to EU countries in one case in the amount of 2,802,159.90 euros if the smuggling were successful, and in four other cases they have achieved their goal by losing the EU the taxed value of approximately 10,000,000 euros.

 

 This activity was carried out through the legitimization of smuggling by certain customs structures in violation of the law by not accompanying the loads with anti-smuggling structures until exiting the territory of Albania as well as the fictitious export clearance in the "Asycuda World" system as if this quantity of cigarettes had left our country at the exit customs specified in the customs declaration. Also, the production of cigarette packages without fiscal stamps did not enable the collection of customs duties from the country where they were destined to be sold, an activity in violation of the Excise Law.

 

Regarding the above, the Special Prosecution Office Against Corruption and Organized Crime has filed a request for the imposition of a security measure for the suspected citizens and the Special Court of First Instance Against Corruption and Organized Crime, with decision no. 48 dated 27.05.2025, has decided:

 

The imposition of the personal security measure "Arrest in prison", provided for by Article 238 of the Criminal Procedure Code, against the persons under investigation; IJ, (factory owner), DJ (factory administrator), SD (North Macedonian citizen), LQ (Kosovo citizen and United Kingdom citizen), ZS (Serbian citizen) and MB (Serbian citizen), suspected of committing the criminal offenses "Smuggling of goods for which excise duty is paid or with full or partial suspension of customs or excise duties", committed in the special form of cooperation of the structured criminal group and "Structured criminal group", as well as "Commitment of criminal offenses by a criminal organization and a structured criminal group" provided for by Articles 172, point 3 of 28/4 and 333/a and 334 of the Criminal Code.

The imposition of the personal security measure "House arrest", provided for by Article 237 of the Code of Criminal Procedure, against the citizen under investigation N. G suspected of committing the criminal offenses "Smuggling of goods for which excise duty is paid or with full or partial suspension of customs or excise duties", committed in the special form of cooperation of the structured criminal group and "Structured criminal group", as well as "Commitment of criminal offenses by a criminal organization and a structured criminal group" provided for by Articles 172, point 3 and 28/4 and 333/a and 334 of the Criminal Code.

Assigning the personal security measure "Arrest in prison", provided for by Article 238 of the Criminal Procedure Code, to the persons under investigation, customs employees IH, KG, IC, AT, MN, GT, GS, E.SH and IK, as persons suspected of committing the criminal offenses "Smuggling by employees related to customs activity", committed in the special form of cooperation of the structured criminal group and "Structured criminal group", as well as "Commitment of criminal offenses by a criminal organization and a structured criminal group" provided for by Articles 175 and 28/4 and 333/a and 334 of the Criminal Code.

The imposition of the security measure "Prohibition of leaving the country" and "Obligation to report to the Judicial Police", provided for by articles 233 and 234 of the Criminal Procedure Code, against the citizen under investigation MD (customs employee), suspected of committing the criminal offenses "Smuggling by employees related to customs activity", committed in the special form of cooperation of the structured criminal group and "Structured criminal group", as well as "Commitment of criminal offenses by a criminal organization and a structured criminal group" provided for by articles 175 and 28/4 and 333/a and 334 of the Criminal Code.

The imposition of the security measure "Prohibition of leaving the country" and "Obligation to report to the Judicial Police", provided for by articles 233 and 234 of the Code of Criminal Procedure, against persons under investigation (customs employees); EH, YK, BR, I.Ç, IM, AS, YS, L.Ç, IZ, FZ, GD, NS, LM, DP, BZ, AN, VG, SH.L and LD, suspected of committing the criminal offenses "Smuggling by employees related to customs activity", provided for by article 175 of the Criminal Code.

Meanwhile, the security measure "Arrest in prison" has been executed for 5 of the 15 citizens under investigation, while the security measure "Compulsory appearance" and "Prohibition on leaving the country" have been executed for 15 of the 20 citizens under investigation.

 

The Special Prosecution Office thanks the British authorities of the National Crime Agency (NCA), the Kosovar, Greek and Cypriot authorities for their cooperation in the investigation of this criminal proceeding, particularly in the prompt execution of requests for mutual legal assistance.

 

 

 

 





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