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2026-09-30 12:31:00Aktualitet SHKRUAR NGA REDAKSIA VOX

The Minister of Justice, Toni Gogu, presented today, together with the Council of Europe, the draft amendments to the Criminal Procedure Code, opening the public consultation for a broad intervention in criminal procedural legislation.

At the heart of the changes are pre-trial detention, alternatives to prison, strengthening procedural guarantees, and the protection of individual rights.

In the presence of the Prime Minister, representatives of the Council of Europe and heads of justice institutions, Gogu began his speech with the case of Afërdita Hysa, reviewed by the European Court of Human Rights, to emphasize the importance of reasoning for any decision that limits individual freedom.

The Minister brought to attention the Council of Europe's data, according to which, in 2024, almost six out of ten people in Albanian penitentiary institutions did not yet have a final decision, while the average duration of detention in courts of general jurisdiction was around 253 days.

Gogu emphasized that prison arrest should be exceptional in nature, while the weight of the charge cannot be sufficient in itself to restrict freedom.

On the other hand, Gogu said that "when today 2353 people are in detention, a large part of them are waiting, waiting for a final decision, we must examine the duration, we must examine the reasoning and alternatives in the functioning of the system."

According to him, it should be argued specifically why other less restrictive measures are not sufficient.

The draft amendments provide for strengthening the rights of the defense during the investigation, limiting access to personal data during the seizure of phones, protecting the presumption of innocence, and additional measures to protect victims of domestic violence.

Another important point of the minister's speech was the functioning of alternatives to detention. Gogu announced that the government has allocated funds for electronic surveillance and that the Ministry of Justice is committed to putting it into operation by next spring.

"Therefore, the ministry today assumes all its responsibilities because, as we speak, no one is under electronic surveillance, as provided by the law, and an alternative that exists only in the law is no alternative at all. Therefore, its return to practice is up to us, not the courts, the government has already allocated funds for the implementation of electronic monitoring and we are committed to putting it into operation by the spring of next year. Equally important are the audiovisual recording of interrogations and the framework for digital evidence. But creating the conditions for them, in equipment, in expertise, in time, forces us to be pragmatic with the entry into force of the law," he said.

The Minister also proposed the drafting of a joint strategy for detention, in cooperation with the High Judicial Council and the High Prosecutorial Council, with a focus on the quality of decisions, the functioning of alternatives and transparency.

Inviting judges, prosecutors, lawyers, academics and civil society to contribute to the public consultation, open until October 28, Gogu stressed the importance of involving justice professionals in drafting the amendments.

"The challenge of the rule of law is to master both. To prosecute crime without violating the presumption of innocence. To protect society without treating the accusation as a punishment," Gogu emphasized.

With this message, the minister underlined the goal of a justice system that shows the same strength in the face of crime and in the protection of freedom.


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