“Investigations at risk”: Prosecutors react with concern to changes in the Criminal Procedure Code

The Association of Prosecutors has expressed concern over the proposed changes to the Criminal Procedure Code, arguing that the new interventions could weaken the effectiveness of investigations and criminal prosecution.

In its reaction, the Association stresses that any change to the Code must preserve the balance between guaranteeing human rights and the need for effective investigations in defence of victims and the public interest.

According to the prosecutors, the proposed changes risk fragmenting investigative competences, limiting the means of gathering evidence and particularly affecting the fight against corruption and organised crime.

THE REACTION

Criminal justice requires strong guarantees for human rights and effective investigations in defence of victims of criminal offences and the public interest. Preserving this balance must lie at the foundation of any intervention in the Criminal Procedure Code.

The Association of Prosecutors expresses concern over the proposed changes, which risk fragmenting investigative competences, limiting the means of gathering evidence and weakening the effectiveness of criminal prosecution, particularly in the fight against corruption and organised crime.

The prosecutor, as an independent magistrate, has the responsibility to conduct full and comprehensive investigations, gathering evidence both for the guilt and for the innocence of the person. Exercising this responsibility requires effective investigative means, accompanied by judicial oversight and guarantees for the rights of every individual.

Changes that touch the foundations of criminal proceedings require in-depth analysis of practice and a full assessment of their impact. The mechanical combination of solutions from different procedural models, without respecting the institutional architecture of the Albanian system, risks creating ambiguity and an atypical system. Every change must advance the standards of the Justice Reform, preserving the prosecutor’s leading role in the investigation and judicial oversight as a complementary guarantee of legality and of rights.

The disclosure of all evidence from the early stages of the proceedings, the limitation of personal security measures and obstacles to expanding the investigation to new related facts risk the preservation of evidence, investigative secrecy and the effectiveness of investigations, particularly for cases related to corruption and organised crime.

Likewise, the invalidity of acts and the inadmissibility of evidence should be linked to the gravity of the violation and its impact on the evidence or on the rights of the defence, without turning into automatic consequences that endanger the entire criminal case.

The Association of Prosecutors calls for a real, inclusive consultation process with the necessary time for professional debate, and remains committed to continuing with a more in-depth analysis of the draft law.