The full document of the new Criminal Procedure Code: the new rules on gathering evidence and security measures

The new draft of the Criminal Procedure Code has been published, containing 106 proposed changes and bringing a series of new rules to criminal proceedings.

The changes touch several of the main stages of proceedings, from security measures and pre-trial detention to the way evidence is gathered and administered, investigations and the exercise of defence rights.

One of the changes concerns limiting the use of imprisonment as a security measure. Under the draft, the prosecutor must argue every month the reasons for continuing this measure, linking detention to the need to continuously justify the security measure.

The draft also expands the role of the defence. Lawyers will be able to conduct their own investigations, gathering data and evidence in defence of the defendant or the person under investigation.

At the same time, the prosecutor is obliged, during the investigation, to take into account evidence and circumstances that may favour the suspect, and not only those supporting the charge.

Another change concerns searches of electronic devices. Searching the content of mobile phones will require court authorisation, establishing a special procedure for access to data on electronic devices.

Changes are also envisaged for questioning. Under the draft, questioning will be recorded in audio and video, in order to fully document how it is conducted.