Prime Minister Edi Rama has spoken about the proposed changes to the Criminal Procedure Code, focusing on the rules for the seizure and control of electronic devices, wiretapping and the use of data collected during investigations.
Rama said that the police and the prosecution can seize a device, but there must be authorization from the court for its opening and control. According to him, even in cases of emergency, the action must be determined and controlled by the court, while data obtained without the relevant authorization cannot be used.
He also stated that the same logic will be applied to wiretaps, while the minutes will only include conversations related to the investigation, including those in favor of the person under investigation.
Rama emphasized that data pertaining to the private lives of persons who are not related to the criminal offense should not be used as a means of pressure or for publication in the media.
“Interrogations and key actions will be recorded in audio and video. If the state interrogates a person, it must show how it was obtained and how much it respected it. And it is written that statements obtained by behavior under pressure or violence are not valid. The 4th Amendment comes as a necessity to protect privacy in the technological age. The seizure of the device can no longer be in any way to see and read or see everything. For those openly, a court decision is required… In cases of urgency defined by law, the action is evaluated by the court. Any material extracted that is not related to the investigation must be destroyed. The same thing with regard to wiretaps, only those that are related to the investigation should be viewed. The private life of people unrelated to the criminal offense cannot be used as an instrument of pressure or for food for the media. The person has the right to know that a proceeding has been registered against him. Investigations hidden in time cannot be a routine in a state of law. Cases that have real prospects will go to court. “The prosecutor must weigh the evidence, the charges, and the defense. The Sixth Amendment is important because it takes the presumption of innocence out of the courtroom. A trial in the Bazaar before a trial in the courtroom is not justice,” he said.