Prosecutors oppose changes to the Criminal Procedure Code, association concerned about sharing evidence with lawyers

The Association of Prosecutors of the Republic of Albania has issued an official position against the draft amendments to the Criminal Procedure Code presented by the Council of Ministers.

The association says it supports in principle initiatives aimed at improving criminal justice, aligning with European Union standards and strengthening guarantees for fundamental rights and freedoms. But according to the prosecutors, the proposed interventions in the code should be based on a clear analysis of the problems and on a real and inclusive public consultation process.

In their position, the prosecutors express concern that some of the new provisions could limit the powers and the means of searching for evidence during investigations. According to them, this could affect the speed and effectiveness of investigations, especially in corruption and organized crime cases.

One of the main issues raised is the obligation for seizures to be carried out beforehand through a request to the court. The association argues that this could slow down the investigative process, while currently the person against whom the seizure is carried out has the right to appeal to the court.

The prosecutors also oppose making all the evidence related to the proceedings available to the person under investigation or the defendant from the early stages.

According to them, this could undermine investigative secrecy and the effectiveness of investigations, especially in cases of corruption, organized crime and proactive investigations.

Another concern relates to limiting personal security measures. The association assesses that the proposed criteria could make it harder to avoid the risk of tampering with evidence, fleeing, or committing other criminal offences.

The prosecutors also oppose limiting the investigation only to the initial subject of the proceedings. According to them, if new facts connected to the case are discovered during the investigation, these should be able to be investigated without fragmenting the proceedings and losing effectiveness in uncovering the truth.

In conclusion, the Association of Prosecutors calls for transparency on the analyses and studies on which the initiative was drafted, as well as a public consultation process with justice institutions, magistrates, the legal profession, academia and civil society.