Prime Minister Edi Rama, during the presentation of proposed amendments to the Code of Criminal Procedure, said that pre-trial detention will no longer be imposed for offences carrying a maximum sentence of less than five years.
Under the proposed changes, the security measure of “detention in prison” will no longer apply to criminal offences punishable by a maximum sentence of under five years. The Prime Minister stressed that a person’s decision to remain silent or deny the charges cannot be used as evidence that they pose a risk.
“For offences carrying a maximum sentence of under five years, detention in prison will no longer be imposed. The serious nature of the offence alone will no longer be sufficient. Neither a person’s silence nor their refusal to admit the charge can be used as evidence that they pose a risk.
“The risk must be specific, current and supported by facts relating to the individual. The court must conduct its own independent assessment, and if it simply copies the prosecutor’s arguments without explaining why less restrictive measures are insufficient, the decision will be invalid and the judge may face disciplinary responsibility.
“Whenever detention is imposed, the court must also consider financial bail, calculated according to the person’s actual financial circumstances, with necessary exceptions in cases involving risks to evidence, serious violent crimes, terrorism, offences against the constitutional order, and specific cases falling under the jurisdiction of the Special Court.
“Every month, the prosecutor must report to the court on whether the grounds for the measure continue to exist and provide arguments to support them. A person’s liberty cannot be restricted once and then simply forgotten as though it no longer exists. The package also strengthens protections for people in vulnerable circumstances.
“Mothers with children up to six years old, fathers or guardians when the mother is deceased or unable to provide care, people over the age of 70, those who are seriously ill, and people enrolled in therapeutic programmes can no longer be treated as though their personal circumstances do not exist,” Rama said.
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