Meçe's lawyer offers 10 million ALL as a guarantee/ The court rejects it, the author of the murder with a criminal record

2024-08-15 13:11:00, Aktualitet CNA

Meçe's lawyer offers 10 million ALL as a guarantee/ The court

Denis Mece

The Court of Korça rejected the request of Denis Meçe's lawyer, Eduart Muçi, for a financial guarantee.

The lawyer has asked the court to set as a security measure "house arrest" provided for by Article 237 of the Penal Code or "Property guarantee" in the amount of 1,000,000 new lek, which is a significant amount and guarantees the court that if this person hides from justice, the economic damage will be too great.

"Lawyer Eduart Muçi, as the chosen defender for the arrested citizen Denis Meçe, stated that this citizen had no intention of hiding from justice, his departure immediately after the incident was involuntary and in the conditions where he was drunk. He slept in the vehicle until he was mentioned, he called him as a lawyer, and after he was explained what had happened, he himself asked them to accompany him to the Police Station. His will was to give explanations about what happened, since he did not intend to commit the murder of a citizen, nor to leave, despite the fact that the consequence is serious and we are dealing with the loss of a life .

According to the defense, the arrest of this citizen in flagrante delicto should be considered as legal, but it is required that this citizen be assigned another security measure, different from the arrest in prison, taking into account the margin of punishment provided by the provision, the circumstances of the offense criminal case, the way the incident happened, the attitude of the person under investigation, the fact that he has not been convicted before, the fact that there is no possibility of escaping or hiding from justice, the fact that there is no possibility of harm or destruction of evidence. The court is requested to set as a security measure "house arrest" provided by Article 237 of the Penal Code or "Property guarantee" in the amount of 1,000,000 ALL, which is a significant amount and guarantees the court that if this person hides from justice, the economic damage will be too great.

The citizen under investigation Denis Meçe himself stated that he agrees with what the lawyer presented. He apologizes and is very sorry for what happened, since he had no intention of harming and even more so killing the deceased," the file states.

In relation to the type of personal insurance measure for citizen Denis Meçe, the court assesses that referring to the criteria defined in Article 229 of the Penal Code, as well as taking into account the level of insurance needs in the specific case, the social dangerousness of the criminal offense for which this citizen is suspected, but also the dangerousness of the author, the circumstances and the manner of consumption of the offense for which he is suspected, above all the serious consequence that has come where a person has lost his life, the security measure "arrest in prison" and requested by the Prosecution is appropriate.

According to the court, the degree of security needs in this particular case has to do with the existence of the suspect's possibility to avoid criminal proceedings, given that he is accused of a crime punishable by imprisonment, but also with the fact that the suspect may to commit an equally serious or more serious criminal offense, bearing in mind the fact that he appears as a person with a previous criminal record, but also with the risk of influencing the taking or authenticity of evidence.

Also, the Court draws attention to the fact that the reference by the police was made for the criminal offense provided for by Article 76 of the Penal Code, despite the fact that it is up to the Prosecution to assess for what offense it should register the criminal proceedings, referring to the evidence it has or the indications based on evidence related to the criminal offense. We are currently in the first moments of the investigation and the Prosecutor's Office only has the data collected up to these moments, while other investigative actions are being carried out, such as obtaining the conclusions of the forensic expert reports on the victim, examining the cameras with an expert. that were taken from objects near the place of the event, etc., from which the dynamics of the event are expected to be fully clarified in the following and therefore different conclusions can be reached regarding the legal qualification of the criminal fact, different or more serious from the one for which the criminal proceedings were initially registered for this citizen.

Bearing in mind the above, the Court considers that, unlike what the defense claims for a lighter measure, the personal security measure "arrest in prison" provided by Article 238 of the Penal Code, applied to the citizen Denis Meçe, responds to all legal conditions and criteria and is in accordance with the importance of the fact and the degree of insurance needs, and that no other measure of personal insurance can be appropriate in the specific case./ CNA