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The prosecutor's request is no longer enough / The Court of Appeals clarifies the unifying decision: Arrest in prison only when all other measures fail

2026-07-07 08:56:05Aktualitet SHKRUAR NGA REDAKSIA VOX
The prosecutor's request is no longer enough / The Court of Appeals
Supreme Court

The Supreme Court of Albania has, after about two months, clarified the decision announced to unify the practice on security measures, bringing partial changes to the way "prison arrest" is applied.

Based on this decision, the practice of 'prison arrest' will be facilitated for the court, while prosecutors must argue the measure.

According to the decision, the court is obliged to provide concrete justification as to why alternative measures are inappropriate to apply in a given case, before imposing “prison arrest.” Regarding dangerousness, the Panels emphasize that the courts must conduct a thorough analysis of the person’s personality, circumstances and behavior.

The Court emphasizes that imprisonment is the most severe security measure and can only be imposed when any other measure proves inappropriate.

"The personal security measure of "arrest in prison", is considered, according to the definition of the first paragraph of Article 230 of the CPC, as a last/extrema/ultima ratio measure, which can be imposed only when any other type of measure proves inadequate to guarantee the security needs of the criminal proceedings. These security needs are identified in the definitions of the third point (at least one of them) of Article 228 of the CPC, which cannot be guaranteed/supplemented by any other type of measure other than this measure restricting freedom, "arrest in prison"", the decision states.

Another important point of this decision is the obligation of the court to analyze alternative measures. It is not enough to say that detention in prison is appropriate, but the Court must explain why other measures, such as house arrest, the obligation to appear or a financial guarantee, are not sufficient.

"The court has the obligation to realistically examine other less restrictive measures of personal freedom and to expressly justify why they are not sufficient in the specific case. This justification must be express, individualized and based on the specific facts and circumstances of the case, clearly reflecting the specific risk, according to Article 228, paragraph 3, of the Code of Criminal Procedure, as well as the necessity, appropriateness and proportionality of the restriction of freedom, in accordance with constitutional and conventional standards," the Supreme Court's decision further quotes.


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