"Directors of Veliaj, a structured criminal group"/ GJKKO's appeal overturns the First Instance

2024-07-03 18:46:00, Aktualitet CNA

"Directors of Veliaj, a structured criminal group"/ GJKKO's

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The directors of the mayor of Tirana, Erion Veliaj, Taulant Tusha, Redi Molla and Mariglen Qato are a structured criminal group.

This is how the directors of Veliaj were considered by the Special Court of Appeal.

In the decision of Judge Florian Kalaja, it is argued that the Anticorruption Appeal does not agree with the SPAK and the First Instance that have charged the directors with the criminal offense of 'simple cooperation'.

"Regarding the qualification of the criminal offense by the Prosecution and the Court of First Instance, of simple cooperation as a form of cooperation that existed between Redi Molla and Mariglen Qatos, the court takes a completely different position and cannot agree on these parts of the requests and decisions. The court assesses that in the present case there are reasonable doubts that the cooperation between the subjects criminally prosecuted and those eventually not criminally prosecuted until now, has not been simple but, crossing the limits of this sporadic and episodic organization, has been well thought out, planned, with a stable and continuous duration over the years, under an almost identical mechanism in each episode of the commission of suspected material criminal offenses and with a plurality of subjects as collaborators, these characteristics which are taken into account and evaluated all together, fulfill the provision/definition of point 4 of article 28 of the criminal code", the decision states.

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Also, the appeal of the JJKKO emphasizes that the collaboration of Molla, Qato, Tushe and other officials under investigation was carried out in the form of a structured criminal group.

"The court shares different views from SPAK and the First Instance regarding the legal qualification of the criminal fact of cooperation against Redi Molla and Mariglen Qato, thus qualifying their cooperation, with other persons prosecuted or not eventually responsible, natural persons or legal persons, as a special criminal cooperation, and carried out in the form of a structured criminal group. Under this logic, the Court assesses that even the legal qualification of reasonable suspicions against Nestor Muhametllari, according to Article 244 of the Criminal Code, is wrong, since he is reasonably suspected of being the associate-deputy and intermediary of Redi Molla and Mariglen Qatos in the activity of the company 5D construction shpk", it is further emphasized.

Thus, the Special Appeal has confirmed what CNA has reported. The directors of Veliaj cooperated as a structured group and stole the capital's taxpayers' money with tenders./ CNA