Minister Gogu Highlights Criminal Procedure Reforms to Strengthen Justice and Protect Rights

The public consultation on a comprehensive revision of criminal procedural legislation was initiated by Minister of Justice Toni Gogu and the Council of Europe, who presented the draft amendments to the Criminal Procedure Code. Pretrial detention and alternatives to imprisonment are the primary objectives of the proposed modifications, which also include the enhancement of procedural safeguards, the preservation of individual rights, the presumption of innocence, and the defense rights during investigations.
Minister Gogu, in the presence of the Prime Minister, representatives of the Council of Europe, and heads of justice institutions, emphasized Council of Europe data that in 2024, nearly six in ten individuals in Albanian penitentiary institutions had not yet received a final court decision. Additionally, the average duration of pre-trial detention in courts of general jurisdiction was approximately 253 days.
The minister emphasized that imprisonment pending trial should be an exceptional measure and that the gravity of the charges alone cannot validate a person’s liberty restriction. He believes that authorities are required to provide specific reasons why less restrictive measures would not be adequate.
The draft amendments also propose the restriction of personal data access during phone seizures, the enhancement of the presumption of innocence, and the implementation of supplementary measures to safeguard domestic violence victims.
Minister Gogu disclosed that the government has allocated funds for electronic monitoring and that the Ministry of Justice is dedicated to implementing the system by the upcoming spring in relation to alternatives to pre-trial detention. Additionally, he suggested the creation of a collaborative strategy on pre-trial detention in collaboration with the High Council of the Judiciary and the High Council of Prosecution. This strategy would emphasize transparency, the quality of decisions, and the functionality of alternatives.
Minister Gogu underscored the significance of involving legal professionals in the drafting of the amendments, inviting judges, prosecutors, attorneys, academics, and civil society to participate in the public consultation, which is open until 28 October. He emphasized that the objective is to guaranty justice that is robust in its ability to safeguard the rights and freedoms of citizens and to combat corruption and crime.