Bonjaku: Lawyers will gather evidence themselves, the preliminary investigation changes

Lawyer Florian Bonjaku says that with the proposed changes to the Criminal Procedure Code, lawyers will now be recognised the right to gather evidence.

Speaking on the “Newsroom” programme on ABC News, Bonjaku said the way evidence will be taken will also change.

Bonjaku added that the defence will be able to create its own investigations and that evidence will be gathered under the conditions provided for by law.

“The most important part of a criminal process is the criminal procedure. The part that has been debatable has been the part of the criminal procedure; it determines how evidence was taken, how one will arrive at the conviction of this person. This shows whether the evidence was taken in the proper way or not. With the 2017 changes, the Criminal Procedure Code took a more repressive form. It has been called the prosecutor’s code. A larger part is now being given to the lawyer, rights to the person taken under investigation. With these changes we move towards equality; each of the parties also comes out into action.

“From now on, the lawyer is recognised the right to gather evidence. Starting from the two drafts, the first changes the way evidence is taken during preliminary investigations. Today the lawyer is notified and has the right to contest it in court. The defence will have the possibility to create its own investigations. Evidence is gathered under the conditions provided for by law,” he stressed.