Prosecutors oppose changes to the Criminal Procedure Code: They endanger investigations and the fight against corruption

The Association of Prosecutors of the Republic of Albania has come out against part of the changes proposed by the government to the Criminal Procedure Code, warning that some of the interventions could damage the effectiveness of investigations.

In an official position, the prosecutors state that they support in principle the reform of the legislation and its alignment with European standards, but ask that the changes be based on full analyses and a real consultation process.

According to the Association, the draft law risks “fragmenting competences” among procedural subjects and slowing down the detection of criminal offences, particularly in investigations into corruption and organised crime.

One of the main concerns relates to limiting the prosecutor’s investigative tools, including seizures, searches, interceptions and the administration of evidence. The prosecutors argue that, since the prosecutor is a magistrate and leads the investigation, placing numerous procedural barriers could create delays and undermine the effectiveness of investigations.

The Association particularly opposes the obligation for seizures to first pass through the court, arguing that even in the current system the person against whom the measure is taken has the right to judicial appeal.

There is also criticism of the obligation to make available to the person under investigation or the defendant all the evidence related to the proceedings from the early stages. According to the prosecutors, this could breach investigative secrecy and endanger investigations, especially in cases of corruption, organised crime and proactive investigations.

Another opposed point is limiting the possibility of expanding the investigation when new criminal offences connected to the initial case are discovered during it. The Association warns that separating proceedings in such cases could damage the investigation and the discovery of the truth.

The prosecutors also express themselves against the proposed limitations on personal security measures, arguing that they could make it harder to prevent flight, the spoiling of evidence or the repetition of criminal offences.

In their position, they also ask for a review of the provisions that foresee the unusability of evidence or the invalidity of acts for procedural violations, arguing that these consequences should not be automatic for every formal violation.

The Association asks for transparency about how the initiative was drafted and for the publication of the analyses and studies that served as the basis for the changes. It also asks for a consultation process with the justice institutions, magistrates, the legal profession, academia and civil society.

In conclusion, the Association of Prosecutors declares that it supports a modern, European criminal procedural system, but asks that the reform not undermine the effective functioning of investigations, legal certainty and the constitutional balance among institutions.