Investigation of Transnational Crimes in the Field Of Customs: Novelties of Directive (Eu) 2017/1371

Abstract

Transnational crimes in the customs area constitute a major challenge for national economies, being closely linked to the national security of states and international security as a whole. These criminal activities mainly include smuggling, tax evasion, trafficking in prohibited goods, narcotics, waste, works of art, archaeological sites, etc. These crimes, in addition to their direct impact on state revenues and legitimate trade, can seriously undermine public order and finance criminal and terrorist networks. Likewise, environmental crimes, such as trafficking in hazardous substances and toxic waste, are an ever-growing challenge that requires close international and inter-institutional cooperation to be addressed effectively. The fight against these crimes in Albania is a shared responsibility between the customs administration and law enforcement agencies such as the State Police, the Special Prosecution Office Against Corruption and Organized Crime (SPAK), the Prosecutor's Offices of General Jurisdiction, the Courts of all levels, etc. The National Environment Agency (AKM), the National Food Authority (AKU), etc. also play a very important role. This cooperation is vital to combat transnational crimes and to prevent the mutual passage of illegal and socially dangerous goods across the borders of our countries. The Albanian Customs Administration, through controls, based on customs information and risk analysis, is a key actor in the detection of illegal activities and in the protection of the interests, fiscal, environmental and not only of our country. This study analyzes inter-institutional and international cooperation in the fight against transnational crimes in the customs field, including trafficking in narcotics, human beings, smuggling of hazardous waste, etc. In Albania, this cooperation includes examining the role of the customs administration, prosecutors' offices and courts in the criminal prosecution of these crimes. The study also examines the challenges of harmonizing Albanian legislation with international norms and practices and mainly with the innovations of Directive (EU) 2017/1371, and provides recommendations for improving the effectiveness of justice institutions and strengthening the capacities of the customs administration.

Received: 8 January 2025 / Accepted: 24 February 2025 / Published: 25 March 2025