7 subjects cannot be suspended from duty by court order - Manja presents the amendment to the Criminal Code: Investigations can be carried out
The Chairman of the Parliamentary Committee on Laws, Ulsi Manja, has presented the legal initiative regarding the amendments to Article 242 of the Criminal Procedure Code regarding the prohibition of the suspension from duty of 7 subjects by court decision.
"It is an initiative that aims to fill a legal gap in Article 242/2 of the Criminal Procedure Code. This article deals with the prohibitive measures that the Criminal Procedure Code has and in point 1 of this article, the competence of the Court in determining prohibitive measures is clarified, which are two: suspension from duty, which is a judicial measure that guarantees the investigation, and the prohibition of exercising a certain activity, which is again a prohibitive measure, but which is related to the sentence, to the final decision that the court reviews. We propose that in point 2, the circle of subjects against whom the suspension of the exercise of the function cannot be given as a measure is added. This circle of subjects is added with the President of the Republic, the People's Advocate, the Prime Minister, the Deputy Prime Minister and ministers, members of the Constitutional Court and the President of the High State Audit", said Manja.
Manja said that this change does not affect constitutional provisions, while adding that the subjects can be investigated and prosecuted.
"The intervention that we propose is procedural in nature and does not constitute an expansion of constitutional immunity. With this amendment, we are not aiming to expand the constitutional immunity of public officials. Therefore, we are not affecting the constitutional provisions that regulate immunity and we are not adding individual privileges with this amendment. The prosecution body retains the right to conduct criminal investigations and prosecutions, the court retains the competence for personal security measures. However, the amendment aims at a differentiated procedural treatment for certain constitutional functions so that their exercise is not hindered by respecting the principle of proportionality and institutional balance. This amendment that we propose does not interfere with the powers of the judiciary, does not limit criminal jurisdiction, but harmonizes the exercise of constitutional functions with the criminal process. It is in full harmony with constitutional principles, the independence of the prosecution and the courts. The draft law does not violate criminal investigation, criminal prosecution and personal security measures", emphasized Manja.
The proposed amendments were filed in the Assembly and bear the signatures of Prime Minister Edi Rama, the Chairman of the Laws Committee, Ulsi Manja, and the Chairman of the Socialist Parliamentary Group, Taulant Balla.
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