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Shkruar nga Pamfleti
The high number of investigation files and the workload of SPAK prosecutors, who are obliged to represent the accusation at the four levels of the judiciary, has brought the idea of creating a Special Appeal prosecution.
The idea was put forward by the head of the SPAK Special Prosecutor's Office, Altin Dumani, who, during a meeting with representatives of foreign assistance and SPAK prosecutors' staff, suggested the creation of an Appeals Prosecutor's Office, in order for the prosecutors of the special structure to not be engaged in judicial proceedings in the Appeal and the Supreme Court.
The discussion consisted of the fact that just as there is an Appeals Court, there should also be a special Appeals Prosecutor's Office, which will follow the course of the representation of the accusation in court.
It is learned that the idea of the head of SPAK is in the fact that the defense of the charge in the other two stages of the trial consumes the prosecutor's time, slowing him down for the performance of investigative actions in other files that are newly registered.
For almost 4 years, SPAK prosecutors have been obliged to carry out investigative actions, charge the defendants or dismiss them and then have to defend their decisions in the Special Court of First Instance, in the Court of Appeal, The Supreme Court and up to the Constitutional Court.
This brings a distraction to the prosecutor, who is primarily in charge of the investigation, for which the expectations of the public opinion are very high.
But under the conditions of the legal framework that Albania has today, Duman's idea cannot be implemented, since during the construction of the new institutions of the Law Reform, the legislation did not provide for a Special Court of Appeal.
In order to achieve its rise, legal changes are now needed that undoubtedly the discussion of the Duman's idea will be transferred to the political field.
And if politics does not have the will to discuss or approve the idea of the head of SPAK, Altin Dumani, then a second option can be implemented to give the solution to this burden of time.
The variant consists in the creation of a section within the special prosecutor's office, appointing by internal order two or three prosecutors, who will be separated from the investigation and charged only with representing the accusation in the Court of Special Appeals, the Supreme Court and the Constitutional Court. / Ora News
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