TIRANA, October 6 /ATA/ – Deputy Minister of Justice Elona Hoxha stated today that the proposed amendments to the Code of Criminal Procedure stem from problems identified during implementation of the current code, as well as from recommendations by international institutions and the need to align with European Union standards.
In an interview with Report TV, Deputy Minister Hoxha explained that the aim of these amendments is clear: “To set a balance between the fight against crime and the respect for fundamental human rights and freedoms during criminal proceedings.”
Hoxha noted that a number of international reports have labeled Albania the “black sheep” regarding the issue of pre-trial detention.
“As we speak, there are approximately 2,300 to 2,500 individuals in pre-trial detention who are effectively serving a sentence without a final court ruling. They are serving time without yet knowing whether the court will find them guilty or not,” the Deputy Minister stated. According to Hoxha, the aim of the amendments to 105 articles of the Criminal Procedure Code is to set a balance between combating crime with stronger measures, ensuring greater judicial oversight and guaranteeing fundamental human rights.
“The key change introduced by the Criminal Procedure Code at this proposed stage is that the deprivation of liberty—or ‘imprisonment’—should be the last measure by the court. This is because we are currently facing a situation where pre-trial detention facilities are at full capacity,” Hoxha stated.
She emphasized the need for a new approach to justice, one that considers the social dimension of a judicial decision alongside the ruling itself.
According to the Deputy Minister, this marks the first time since 1995 that the legitimacy of imposing custodial sentences under the Criminal Procedure Code is being reviewed.
“There are set two limits: specific restrictive measures for offenses punishable by up to three years in prison and a prohibition on ordering imprisonment for offenses punishable by up to five years,” she said.
The amendments are currently in the consultation phase and have not yet proceeded to the formal approval process.
Hoxha noted that once consultations conclude, the proposals will undergo review by parliamentary committees, where further comments and suggestions may be submitted. The Deputy Minister of Justice also linked the amendment of the Code to Albania’s European integration process.
“Now—on the final stretch toward the EU—it’s time to ensure that some of our laws align with EU directives. Throughout 2027, we will need to work at full speed to align all our laws with the EU,” concluded Deputy Minister Hoxha. /p.s./
