FLASH
Shkruar nga Pamfleti
Former prosecutor Ervin Karanxha strongly criticized the way the justice reform is being implemented and especially the positions of SPAK. According to him, the Special Prosecution Office has maintained double standards in handling various criminal cases.
Karanxha brought as an example the contrast between the non-reopening of the Durrës-Kukës case and the reopening of the Gërdeci file, where former minister Fatmir Mediu was prosecuted. According to him, in both cases we have changes to the procedural law on the manner of criminal prosecution of high-ranking officials, but SPAK has acted differently, creating the perception of unequal standards.
He stressed that the source of the institutional conflict that is emerging today is directly related to Article 288 of the Code of Criminal Procedure, which, according to Karanxha, was drafted with an incorrect and unclear legislative technique. This article, according to him, does not clearly define for which security measures the authorization of the Assembly is required, creating confusion about prison arrest, house arrest, personal search or apartment search, writes A2 CNN.
The former prosecutor underlined that this ambiguity has brought serious consequences in practice and has paved the way for different interpretations by SPAK. According to him, the constitutional interpretation of these provisions is not the duty of the prosecution, but of the Constitutional Court.
Karanxha also commented on the draft of the new Criminal Code, describing it as "a massacre" that risks penalizing inconceivable actions and producing legal chaos, then blaming law enforcement.
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