Abstract The confiscation of criminal assets has become a central instrument in contemporary strategies to combat organized crime, corruption, and money laundering. As modern criminal activity is predominantly motivated by economic gain, measures aimed at depriving offenders of illicit profits are increasingly viewed as more effective than traditional custodial sanctions alone. Asset confiscation therefore serves a dual function: it operates as a punitive response to unlawful conduct while simultaneously acting as a preventive regulatory mechanism designed to disrupt criminal economies and protect the integrity of financial and economic systems. This paper examines the confiscation of criminal assets in Albania within the broader framework of financial law, positioning it at the intersection of criminal justice and preventive regulation. The analysis explores the theoretical foundations of asset confiscation, tracing its evolution from a conviction-based criminal penalty to more expansive models, including extended and non-conviction-based confiscation. Particular attention is given to the Albanian legal framework, its development in the context of post-communist transition, and its alignment with international and European standards on asset recovery and anti-money laundering. The paper further assesses the constitutional and human rights implications of preventive confiscation measures, especially regarding property rights, due process guarantees, and the presumption of innocence. It argues that while Albania’s confiscation regime reflects international best practices and contributes to the effective disruption of organized crime, its legitimacy ultimately depends on proportionality, judicial oversight, and robust procedural safeguards. The study concludes that asset confiscation represents a powerful but legally sensitive financial law instrument requiring careful balance between effectiveness and fundamental rights protection.
Imeraj et al. (Sun,) studied this question.