Changes to the Criminal Code, Rama: Questioning will be recorded in audio and video. Phone checks only with a court decision

Prime Minister Edi Rama focused on strengthening the role of the defence, the rights of persons during questioning and the protection of privacy during investigations, as he presented the planned changes to the Code of Criminal Procedure.

One of the changes aims to establish real equality between the defence and the prosecution.

“The lawyer can no longer be a decoration in the courtroom and a spectator during the investigation,” Rama declared, adding that the defence will have the right to conduct its own investigations, request documents, take statements and engage experts.

The materials gathered by the lawyer, according to the package presented, will be submitted directly to the judge and will have the same weight as the prosecution’s materials.

“The second major change establishes real equality between the defence and the prosecution. The lawyer can no longer be a decoration in the courtroom and a spectator during the investigation. He must have the right to conduct his own investigations, request documents, take statements and engage experts. The materials gathered by the lawyer will be submitted directly to the judge and will have the same importance as the prosecution’s materials. The person will have unconditional access to the evidence on the basis of which his liberty was taken away and will receive the full case file free of charge before the case is sent to court,” Rama said.

Another important change concerns the status of persons questioned during the investigation. Rama said a person called as a “person with knowledge” can no longer be treated as a suspect without a lawyer present and without the relevant guarantees. Another novelty is that questioning will be recorded in audio and video.

“The third important change closes a grey area in questioning. A person questioned as a person with knowledge cannot be treated as a suspect without a lawyer and without guarantees. Every person called to the prosecutor’s office or the police will have written on the summons sheet the right to appear with a lawyer. When suspicion against him existed from the moment of questioning, statements taken under a different status can no longer be used against him. Questioning will be recorded in audio and video,” Rama said.

The package also foresees changes for the protection of privacy in conditions of widespread use of technology. According to Rama, the seizure of an electronic device should not become an opportunity to check its entire contents without limit. For this, a court decision will be required, while in urgent cases defined by law, the action will be subject to judicial review.

Materials unrelated to the investigation must be destroyed. The same principle will also apply to wiretaps, where only data related to the subject of the investigation will be examined.

“The fourth change comes as a necessity to protect private life in the technological era. The seizure of a device can no longer in any way be an opportunity to see and read everything. A court decision is needed for this. In urgent cases defined by law, the action will be assessed by the court. Any extracted material unrelated to the investigation must be destroyed. The same applies to wiretaps: only materials related to the investigation should be looked at. The person has the right to know that proceedings have been registered against him. Secret investigations over time cannot be routine in a state governed by the rule of law,” Rama said.