Shala: With the launch of trial by the Special in September 2021, the finding of the truth was violated

It in “Express Interviste” has said that equality of parties in a criminal procedure is the main thing.

From what we have seen, the Specialised Prosecutor's Office has demanded that no further than September 2021 begins the trial until the defense of the accused has demanded that this deadline be at least until June 2022. In the concrete case, it is important to stress that one of the principles that should be respected in each criminal procedure is the equality of the parties -- that between the prosecutor and the party of the accused. And in the concrete case, if it was a very volume case and given the fact that the Prosecutor had taken several years to investigate to file an indictment, what we have today. It's normal for protection to take a longer time,”, Shala said.

Shala adds that reducing the deadline would also damage the position of the accused's parties.

“The IKD considers that the demand of defence lawyers in the concrete case is very fair and real so that this trial will not begin until June 2022 so that the party accused of preparing defence” has said Shala.

He has said that for ten months the protective side is available to look at all those documents, and if there's a long time of collection of evidence then there's a big disbalancing.

While the Special Prosecutor has been given a few years to examine this evidence, to establish this indictment, it is extremely unfair to say the protective side that we have equality of sides. But if we had four or five years, you'd only have ten months. And from the fact that the prosecutor has stated that these cases are very complicated and we're dealing with a high number of evidence and for this reason we've acted, then in the concrete case it's unreasonable”, Shala said.

According to him, two principles can be damaged in this case: the principle of equality in the areas that there is a dominance under criminal science against the principle of criminal procedure economy and also the principal principle of criminal procedure that is finding truth.

For this reason we cannot be called into a principle and violate other principles. It is imperative that you give a bigger deadline. If we go on the September 2021 deadline, we consider that the effectiveness of the criminal procedure and principles such as finding the truth and equality of sides can be violated. There are reportedly about 200 witnesses, and in the sense of defense, they must prepare against the argument. The first appearance to have been held on these occasions has gone to the conform”, he said.

The main issue, according to him, will be at the beginning of the judicial process.

He has also spoken of the possibility of the accused being tried in freedom.

“Legal for Specialised Chambers specified that in order for the defendant to be kept in custody, the same bases must be met as they are in the criminal procedure code, which is initially a suspicion based on the carrying out of a criminal offence and then the three separate bases for which every two months the Separated Prosecutor and that is the risk of escape, impact on testimony, evidence or risk of repeating the work. In the event that the prosecutor fails to argue these facts, then the defendant must be protected in freedom”, he said.

According to him, this procedure could last at least five years.