Prosecutors Raise Concerns Over Proposed Criminal Procedure Code Changes

The Association of Prosecutors of the Republic of Albania has raised concerns over a government-backed draft law proposing 105 amendments to the country’s Code of Criminal Procedure, warning that the changes could affect the effectiveness of criminal investigations.

In an initial response, the prosecutors’ association said the proposed amendments represent a major intervention in the country’s criminal justice system, affecting the foundations of criminal investigations, the balance between procedural parties and the overall functioning of the justice system.

The association said the draft should be supported by a clear analysis of problems identified in practice and a comprehensive assessment of the potential impact of the proposed changes.

According to the prosecutors, some of the amendments could fragment investigative powers, slow the detection of criminal offenses — particularly corruption and organized crime cases — and restrict public access to information.

One of the main concerns involves provisions requiring investigators to make evidence available to suspects at an early stage of proceedings, including during preliminary investigations. Prosecutors argue that such requirements could potentially compromise investigations, particularly in complex cases involving multiple individuals and documents.

The association also raised concerns over proposed restrictions on searches, seizures, surveillance and other investigative measures, as well as provisions that would require prosecutors to seek prior court authorization for certain seizures.

Prosecutors argue that the proposed framework could give courts a more prominent role in investigative procedures without transferring full responsibility for investigations to judges, describing the result as a form of fragmented investigative-judge model.

Another area of concern is the proposed limitation on personal security measures. Prosecutors say such restrictions could make it more difficult in some cases to prevent the destruction of evidence, flight from justice or the alleged commission of further offenses.

The association has also criticized a provision that would restrict prosecutors from moving beyond the scope of the initially registered criminal complaint or investigation. Prosecutors argue that investigations can uncover related criminal facts and that the initial complaint should not become an absolute limit on further investigative activity.

The Association of Prosecutors said it plans to conduct a detailed, article-by-article analysis of the draft.

It also argued that some provisions appear to have been transferred from other legal systems without sufficient consideration of Albania’s institutional framework, including constitutional provisions assigning prosecutors responsibility for directing criminal investigations.