Rama did not release Balluku, Former Prosecutor: SPAK will make a new request to the Parliament if the charges are aggravated

Former prosecutor Eugen Beçi has commented on today's developments in Parliament where the socialist majority led by Prime Minister Edi Rama voted against granting SPAK authorization for the arrest of former Deputy Prime Minister Belinda Balluku.
According to Beçi, during the parliamentary session, two elements were noticed that had been warned about earlier and that, according to him, materialized through the reports presented to the Assembly.
He also touched on the debate over the so-called "public trial", emphasizing that it is often used as an argument, while in practice the situation is different.
"A public trial is being discussed and we are all against it, but we are using the term as if the world is orange. If the majority has created public trials for anyone – for the opposition, former prosecutors or former judges – it was expected that one day this would come back to haunt them. However, in this specific case, we can say that SPAK is not the institution that releases files to the public, because no details about the file that was discussed in Parliament today have leaked to the media ," he said.
Beçi emphasized that Parliament's decision does not formally prohibit the investigation against Balluk, but according to him, it significantly limits it.
"Formally, the investigation will continue, but not with all the procedural means provided for by the Criminal Procedure Code. This creates obstacles to an in-depth, effective and objective investigation," said the former prosecutor.
He explained that according to Article 228 of the Code of Criminal Procedure, a full investigation requires the provision of evidence and a guarantee that the person under investigation will not damage the evidence. But the moment Parliament does not authorize the lifting of immunity, the prosecution loses several key instruments.
"In this case, four main elements of the investigation are removed: the search of the apartment, the personal search, and the measures of arrest in prison or at home. These are important tools for an impartial and effective investigation," he stressed.
Asked what happens if there is a change or aggravation of the charges against Balluk, Beçi stated that SPAK has the right to submit a new request to Parliament if new criminal elements emerge.
"As soon as there are new elements of the criminal fact, aggravation of the charge or circumstances related to the security of the evidence – for example if the person can destroy the evidence or create an alibi – SPAK may submit a new request for authorization. The Constitution and the rules of procedure of the Assembly do not consider today's decision as a res judicata matter," concluded the former prosecutor.
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