Council of Europe Recommendations on Pretrial Detention: Gogu Says Criminal Procedure Code Under Review

Justice Minister Toni Gogu said the Council of Europe’s recommendations are serving as one of the bases for the work to review the Code of Criminal Procedure, with a focus on pretrial detention criteria and strengthening alternatives to jail detention.

Justice Minister Toni Gogu announced that the Council of Europe’s recommendations on pretrial detention are being integrated into the process of reviewing the Code of Criminal Procedure.

Gogu made the comments during a roundtable focused on security measures, the unifying decision of the High Court and the case law of the European Court of Human Rights.

According to the minister, cooperation with the Council of Europe has moved from the recommendations phase toward reflecting them in the legal reform process.

“Our work with the Council of Europe does not end with the document we discuss today. Its recommendations are directly feeding the work we have started on reviewing the Code of Criminal Procedure,” Gogu said.

Under this process, according to him, the criteria for imposing pretrial detention, the individualised reasoning of the security measure, the effective review of less restrictive measures, access to the materials on which the request for the security measure is based, and the strengthening of alternatives to jail arrest are being examined.

Gogu stressed that the reform must preserve the balance between the effectiveness of criminal justice and guaranteeing due process and individual freedom.

“The state’s capacity to investigate and prosecute must remain strong. But equally strong must be the guarantees of due process and the protection of personal liberty. One is not gained by weakening the other,” the minister said.

Alongside changes to the legal framework, the Ministry of Justice is also working on restoring the electronic monitoring system, which aims to give courts a real opportunity to apply alternatives to jail arrest.

According to Gogu, the necessary funding has been secured for 2027, and the objective is for the system to be operational in March 2027.

“An alternative that the state does not genuinely offer is not an alternative. This is the executive’s responsibility, not the court’s,” Gogu declared.

The new system is expected to be supported by trained personnel and defined protocols for response and reporting to the court and the prosecution. In this framework, strengthening the capacities of the Probation Service is also foreseen.