Gogu presents the amendments to the Criminal Procedure Code: prison arrest must be exceptional. We will put electronic monitoring into operation by next spring

Justice Minister Toni Gogu presented today, together with the Council of Europe, the draft amendments to the Criminal Procedure Code, opening public consultation on a broad intervention in criminal procedural legislation. At the centre of the amendments are pre-trial detention, alternatives to prison arrest, stronger procedural guarantees and the protection of individual rights.

In the presence of the Prime Minister, Council of Europe representatives and the heads of the justice institutions, Gogu opened his speech with the case of Afërdita Hysa, examined by the European Court of Human Rights, to stress the importance of reasoning every decision that restricts an individual’s liberty.

The minister cited Council of Europe data according to which, in 2024, almost six in ten people in Albanian penitentiary institutions did not yet have a final court decision, while the average length of pre-trial detention in the courts of general jurisdiction was around 253 days.

Gogu stressed that prison arrest must be exceptional in character, while the weight of the charge cannot in itself be sufficient to restrict liberty. According to him, it must be argued concretely why other, less restrictive measures are not sufficient.

The draft amendments provide for stronger defence rights during the investigation, limits on access to personal data when phones are seized, protection of the presumption of innocence and additional measures to protect victims of domestic violence.

Another important point of the minister’s speech was the functioning of alternatives to pre-trial detention. Gogu announced that the government has allocated the funds for electronic monitoring and that the Ministry of Justice undertakes to put it into operation by next spring.

The minister also proposed drafting a joint strategy on pre-trial detention, in cooperation with the High Judicial Council and the High Prosecutorial Council, focusing on the quality of decisions, the functioning of alternatives and transparency.

Inviting judges, prosecutors, lawyers, academics and civil society to contribute to the public consultation, open until 28 October, Gogu stressed the importance of involving justice professionals in drafting the amendments.

“The challenge of the rule of law is to stand up for both. To pursue crime without infringing the presumption of innocence. To protect society without treating the charge as a punishment.”

With this message, the minister underlined the aim of a justice system that shows the same strength in the face of crime and in the defence of liberty.