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REPUBLIC OF ALBANIA
HIGH INSPECTORATE OF DECLARATION
AND AUDIT OF ASSETS
REPUBLIC OF ALBANIA
GENERAL PROSECUTOR OFFICE
No. ___________ Prot
No. ___________ Prot
MEMORANDUM OF UNDERSTANDING
between
THE HIGH INSPECTORATE OF DECLARATION AND AUDIT OF ASSETS
and
THE GENERAL PROSECUTOR OFFICE
OF THE REPUBLIC OF ALBANIA
Taking advantage of:
The concern of Albanian public opinion on the high level of corruption in the public
administration in Albania, and on
The priorities of the Albanian institutions and the on-going demands of different international
bodies on the strengthening of the fight against the phenomena of corruption in the public
administration in Albania;
Aiming:
The increase of cooperation between the Office of General Prosecutor and the High
Inspectorate of Declaration and Audit of Assets in the increase of efficiency in the fight against
corruptive acts, conflict of interest and failure to make a declaration of private interests or
making a false declaration of the assets by the employees of the public administration.
In pursuance to:
Law no. 8737 dated 12 February 2001 “On the organization and functioning of the
Prosecutor’s Office in the Republic of Albania” amended, and in compliance to
Law no.9367 dated 7 April 2005 “On the prevention of conflicts of interest in the exercise of
public functions” amended, and in conformity to law no.9049 dated 10 April 2003 “On the
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declaration and audit of assets, financial obligations of the elected and certain public officials”,
amended, based in article 17, letter “ç” defines that “it cooperates with the auditing organs and
other structures responsible for the fight against corruption and economic crime.”
The Office of General Prosecutor represented by the General Prosecutor, Z. Ms. Ina Rama and
the High Inspectorate of Declaration and Audit of Assets, represented by Inspector General,
Ms. Fatmira Laska, that in the following will be referred as parties, agree to implement this
Memorandum of Understanding, as in the following;
Article 1
Purpose
1. The accomplishment of a mutual collaboration between the two parties in the exchange of
information with regard to the public officials subject to make a declaration of their private
interests at HIDAA, aiming the identification of cases of failing to make a declaration or
making a false declaration of the assets, of conflicts of interest cases and cases of corruption by
the employees of public administration.
2. Taking the measures on the regular completion of the cases being forwarded to the
prosecutor, conducting a pre-trial investigation, prosecuting the case, preparing the indictment
and represent the accuser within the time-limits, in accordance to the criminal law and criminal
procedural law.
3. The increase of efficiency and institutional collaboration in the fight against criminal
offences in the economic crime and corruption.
4. Getting informed on additional cases of mutual interest for the parties in this Memorandum..
Article 2
Mutual obligations of the parties:
A. Contact person
1. The parties with regard to the implementation of this memorandum establish a contact
person for each institution.
2. The contact persons will have frequent meetings, depending in the need of exchanging
information. The object of exchanging information is based in article 1 of this memorandum.
3. The contact persons will continuously inform their superiors with regard to the
implementation of this memorandum.
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B. Organization of joint meetings.
The parties are committed to organize joint periodic meetings between HIDAA staff,
prosecutors and officers of the judicial police specialized in the investigation of criminal
offences in economic crime and corruption, aiming the exchange of opinions and experiences
for a better comprehension, understanding, interpretation and implementation of failure to
make a declaration of private interests, making a false declaration, conflicts of interest or
corruption, object to the work of both institutions.
Article 3
HIDAA Obligations
1. When HIDAA forwards a case to the prosecutor office, the material, besides the
requirements defined in article 281 of the Criminal Procedure Code, a briefing of the identified
evidences and doubtful elements of the criminal offence, should be attached to it along with the
process-verbal and verification acts kept by HIDAA inspectors with regard to the identified
facts and referred as element of a criminal offence; the observations of the responsible persons
presenting their claims; any other additional document necessary to prove HIDAA findings
with regard to the criminal offence that was forwarded to the prosecutor office.
2. In any case HIDAA forward the case to the competent prosecutor office, and a copy of the
forwarded case along with the briefing, is sent to the General Prosecutor Office.
3. When HIDAA identifies a conflict of interest in the function of the public officials, a
briefing on the identified conflict of interest case along with its solution, is forwarded to the
General Prosecutor Office, in order to assess if the case should be recorded as a criminal case.
4. When the prosecutor Office is investigating a criminal offence, where the employees of the
public administration are subject to this criminal proceeding, upon the request the Chairman of
the competent Prosecutor Office, HIDAA submits a copy of the documentation that it
possesses with regard to the public official that is under investigation, regardless the type of
criminal offence he is being investigated and prosecuted.
Article 4
Prosecutor Office Obligations
1. During the pre-trial investigation and the judging of the criminal proceedings registered in
conformity to the forwarded case by HIDAA, the contacts point will establish meeting, as often
as considered reasonable, meetings between HIDAA inspectors in charge of the case, aiming at
a full clarification of the circumstances and evidences that are object to this investigation.
2. At the end of the pre-trail investigations, the Chairman of the competent Prosecutor Office,
notifies in a written form HIDAA and the General Prosecutor Office on the manner of finishing
the criminal proceeding registered in conformity to the case forwarded by HIDAA.
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3. When as a result of the investigation of several criminal proceedings, the prosecutors do not
identify any criminal offence, but only administrative violations that are object of work of
HIDAA, the Chairman of the competent Prosecutor Office sends at HIDAA a copy of the
suspended decision.
Article 5
Administration of information
1. The information exchanged between these two parties is administered according to the rules
defined in the Code of Criminal Procedures, law no.9367 dated 7 April 2005 “On the
prevention of conflicts of interest in the exercise of public functions”, law no.8503 dated 30
June1999 "On the right of information to official documents ", law no.8517 dated 22 June 1999
“On personal data protection”.
2. During the implementation of this Memorandum, these two institutions and the contact
points, are not allowed to exercise any pressure or influence in order not to forward the cases to
he prosecutor office.
Article 6
Amendments
This MOU can be amended with the written consent of both parties.
Article 7
Termination of MOU
1. The memorandum may be terminated at any time. The termination is empowered as soon as
the other party provides a written notice for the other party.
2. Until the termination of this MOU, both parties should respect and apply the set forth
conditions that derive form this MOU, concerning the information and the documents
exchanged before the date of its.
Article 8
Applicability
This Memorandum of Understanding enters into force as soon as it is signed by the
representatives of the parties. The Memorandum is compiled and prepared in 4 (four) original
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copies, two of which belong to the High Inspectorate of Declaration and Audit of Assets and
two others at the General Prosecutor Office.
This Memorandum of understanding is entered today, dated 13 March 2008.
FOR GENERAL PROSECUTOR
OFFICE
FOR THE HIGH INSPECTORATE OF
DECLARATION AND AUDIT OF ASSETS
GENERAL PROSECUTOR
INA RAMA
INSPECTOR GENERAL
FATMIRA LASKA
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