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Lawyer Kreshnik Spahiu, speaking about the 'Partizani' case, clarified what will happen if Sali Berisha refuses to go to the prosecutor's office.
In an interview for the show "Now" on "Euronews Albania", he said that if the former prime minister does not go on the day set by the court, then the right of the prosecution to change the security measure arises.
" Both parties were in their procedural right, which means that Sali Berisha also had his right to be represented by the lawyers chosen by him, to choose his procedural and judicial tactics and it was the right of the lawyers to withdraw in terms of the motives they explain, but on the other hand it is also the right of the court, or the prosecution when the cases are under investigation as provided by the code of criminal procedure when they assess that the defendant, or the suspect in the specific case, there are no legal reasons to postpone the session or to hinder the investigation and trial, then the lawyer is mainly determined. This is not the first practice, there are hundreds of legal practices where in the investigation cases, the prosecution and in the trial cases, the court mainly appoints lawyers.
Who is the strategy that I foresee? Berisha will not go to the prosecutor's office, nor to the court. I foresee it because in his role he will build the entire block of procedural violations so that at the end of the process he will collect all the arguments and evidence of procedural violations to undermine the entire process and nullify the criminal process. At the moment when the accusation will be communicated to Sali Berisha by the prosecution, the prosecution cannot forcefully take Sali Berisha to its offices to interrogate him. Why? As witnesses, the prosecution has the right to take a subject by force to testify, while the defendant has the right to remain silent. If the accusation is communicated to Sali Berisha, he may refuse to give explanations until the end ", said Spahiu.
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