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Ylli Manjani: How private property is being robbed by criminal justice in the name of the fight against crime

2026-02-13 19:54:50Pikëpamje SHKRUAR NGA YLLI MANJANI
Star Manjani

I'm trying to simply explain what is happening with the looting of private property in the name of fighting crime.

The situation is this:

The prosecution, SPAK in particular, when it begins investigations into suspected crimes, also seizes the assets of the persons it investigates. It seizes them according to the Criminal Procedure Code as a preventive measure or within the framework of the Anti-Mafia Law.

So far, formally at least, with some exceptions resulting from the inappropriate use of this measure, the prosecution is in order. (We are talking about a case where the court ordered the seizure of several third-party vehicles because their user made videos with them on TikTok...) I am not analyzing the essence of these measures anyway because there are endless abuses there.

But the problem begins when the seizure is also made against the property of third parties, who are bona fide purchasers of the property. 

That is, to simplify it a little, you have bought a property regularly, with a notary, cadastre and with regular payment to the bank, but since the person who sold the property is under investigation and their property has been seized, the property you bought is also seized. Because you bought it from a criminal, who has not yet been convicted...

This is where a long procedural ordeal begins, because you find out by chance that your property has been blocked. They don't even give you an official notice!!!!

However, after finding out, you go to the criminal court that is trying the person under investigation, where you ask to be identified as an interested person, with the idea of ??explaining to the investigation and trial that you are the legal owner and that you have no knowledge of the seller's criminal activity.

The criminal court massively refuses to accept these people, who are told to go to civil court and ask the seller to return the money!

The peak!

They took your property and told you to go and take it from someone who is in prison who doesn't even have fleas anymore!!!

Meanwhile, you don't have a civil conflict with the seller, but with the criminal court and the prosecutor's office, because they are taking the property. But who listens to you!!!

In short, your property can be taken from you by a criminal court, where you are not even summoned, let alone heard.

This absurd situation, clearly illegal and against the country's Constitution, is considered judicial practice and has become widespread.

Now, can someone tell us how today's justice differs from the communist practice of plundering property in the name of a war?!

To be clear, there are two extreme ways that the law recognizes for the removal of private property:

1. When the state expropriates it at full value for a public interest, and

2. By the court with a strict due process of law when the property has a criminal origin and was acquired in bad faith.

How can taking over property purchased in total good faith be called a regular possession, when you are neither notified nor made a party to the trial?!

What should someone who wants to buy property do, go to SPAK or the 30 state prosecutors' offices to ask whether or not to buy the property?!!!

I don't know, we caught this extreme too!

This practice is called robbery and has no connection with the constitutional principles of the sanctity of private property and legal certainty. The right to property is fundamental and equal to the right to life!

I am surprised that the Supreme Court allows this. But this practice has now become a real concern and DEMANDS SOLUTIONS!

This is not right, people!!!


Në përputhje me standarded JTI

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