TIRANA, Oct 1 /ATA/ The Association of Prosecutors issued a statement today regarding the New Package of Procedural Safeguards in the Criminal Procedure Code, set out a day earlier by Prime Minister Edi Rama and Minister of Justice Toni Gogu.
In a press release, the Association of Prosecutors expressed concern over the proposed changes, saying they “risk fragmenting investigative powers, limiting the tools of obtaining evidence, and weakening the effectiveness of criminal prosecution, particularly in the fight against corruption and organized crime.”
“As an independent magistrate, the prosecutor has a responsibility to conduct full and comprehensive investigations, gathering evidence substantiating both the person’s guilt and innocence. Exercising this responsibility requires effective investigative tools, accompanied by judicial oversight and safeguards for the rights of every individual. Changes that affect the foundations of criminal proceedings require in-depth analysis of practice and a thorough assessment of their impact,” the prosecutors emphasized.
According to them, “the mechanical combination of solutions drawn from different procedural models, without taking into account the institutional architecture of the Albanian system, risks creating uncertainty and an atypical system.”
“Any changes should advance the standards of the Justice Reform, while preserving the prosecutor’s leading role in investigations and judicial oversight as a complementary safeguard of legality and individual rights. The disclosure of all evidence at the early stages of proceedings, restrictions on personal security measures, and obstacles to expanding investigations to new related facts risk compromising the preservation of evidence, investigative secrecy, and the effectiveness of investigations, particularly in cases involving corruption and organized crime,” the association further stated.
Prosecutors also emphasize that “the invalidity of procedural acts and the inadmissibility of evidence should be linked to the severity of the violation and its impact on the evidence or the rights of the defense, rather than becoming automatic consequences that risk undermining the entire criminal case.
The Association of Prosecutors is calling for a genuine, inclusive consultation process with sufficient time for professional debate, and says it remains committed to carrying out a more in-depth analysis of the draft law.
/sm/
