The government has put forward a package of changes to the Criminal Procedure Code which, according to Edi Rama, aims to limit the use of detention in jail and shift the courts’ approach from pretrial detention to liberty. The announcement comes with the claim that the system has abused coercive measures, while the executive is now presenting a new formula for criminal offenses carrying lower sentences.
What was announced on security measures
According to the prime minister, for criminal offenses punishable by up to 3 years, no coercive measures will be imposed, while for offenses punishable by under 5 years there will be no detention in jail.
In the version presented by the government, the court must begin its review from liberty and then assess lighter security measures, including house arrest. Rama said criminal proceedings must begin from liberty and not from prison.
Pressure on the courts and the prosecution
One of the points emphasized by Rama was that the nature of the criminal offense should no longer be sufficient on its own, while the risk must be concrete and current. He called on the court to make an independent assessment in every case.
According to his statements, if the court copies the prosecutor’s arguments, the decision will be considered invalid. Likewise, when detention is ordered, the court must also determine the financial situation, while the prosecutor must report every month on whether the reasons for the security measure continue to exist.
The government acknowledges the problem of pretrial detention
At the core of the package is the acknowledgment, at least at the declarative level, that pretrial detention has been widely used, even though under the Constitution it should be the last measure. Rama described this as a real problem in the system.
He said the package comes as a single, coherent architecture, while claiming that the changes constitute a concrete response to this situation.
Also protection for people in vulnerable situations
The head of government also said the package strengthens protection for people in vulnerable situations. No further public details were given on the specific mechanisms that will be used in this part of the changes.
The debate now shifts to how these changes will be written into law and how they will be implemented in practice by the courts and the prosecution, in a system that has for years been criticized for unequal standards in setting security measures.
The draft changes have been presented within the framework of the Justice Reform, but their real effect will be measured in implementation and not in political statements.
For the moment, what is known is that the government is pushing a model under which detention in jail is intended to be significantly limited for offenses punishable by under 5 years.