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The Basic Court "overthrows" the Special Prosecution Office/Rejects the indictment against Klodian Allajbeu

2025-06-30 12:42:00, Aktualitet CNA

The Basic Court "overthrows" the Special Prosecution Office/Rejects

The Basic Court of Pristina has dismissed the indictment of the Special Prosecution against the owner of the American Hospital, Klodian Allajbeu, and the owner of the Kosovo Cardiac Center, Ekrem Lluka, for forgery of documents and money laundering.

According to the Basic Court, the indictment filed against them does not contain sufficient evidence that the criminal offenses were committed by the defendants.

"The documents considered forged were signed by authorized persons and there are no interventions that would fulfill the elements of the criminal offense of forgery under Article 390 of the Criminal Code of Kosovo. The offense of money laundering cannot exist without a proven prior criminal offense. The prosecution has erroneously applied the 2019 Criminal Code to alleged offenses committed in 2014-2015, when the 2012 Criminal Code, which has more favorable provisions, was in force," the Court's decision states.

The court emphasized that the decision to discontinue the criminal proceedings was made due to lack of evidence.

"The criminal offense also exists in the situation where the person listed in the document does not exist at all or has died. False drafting also exists when the false document is partially drafted - in the existing original (real) document, a part is deleted, another content is given to it, the name of a person other than the issuer of the document is added, or the name of a person who is the issuer (provider) of the document is deleted, etc."

The court further finds that we are not dealing with document forgery even in those situations where the document is signed by the authorized person (the signature is authentic - original), but its content is untrue or invalid.

Regarding the charges of money laundering, the Court finds that the Prosecution has not substantiated this claim with arguments.

"Since we are talking about profitable companies, which have various annual revenues from their activities (ie, they did not have the alleged illegal money as their sole source), the question that requires clarification arises: with what evidence did the prosecution prove that precisely with that illegal money, "imaginary properties" were purchased, and not with legal money within the framework of their business? The prosecutor has not given this answer, has not argued, and this claim remains only within the framework of "assumptions-conjectures" but not a claim argued with incontestable evidence," the Basic Court's decision states.

The Basic Court of Pristina underlines that the Prosecution does not mention any concrete evidence, no concrete accounts, no concrete transfers made with the alleged dirty money, not identifying where they are located, without providing a single argument as to what evidence the Prosecution has used to prove that these properties, money transfers or accounts are the product of the criminal offense of forgery of documents.

"Sales are legal only when carried out through bank transactions, and money transfers are rigorously controlled by bank supervisory mechanisms. If they had not justified that money with legal evidence, they would not have been able to make such transfers and it does not appear that at least one of these actions that the prosecutor is assessing as criminal offenses has been punished with at least administrative fines," the decision of the Basic Court of Pristina states./ CNA