They placed the tritol on the businessman/ The court leaves the two accused in prison

2023-04-24 10:12:00, Aktualitet CNA

They placed the tritol on the businessman/ The court leaves the two accused in

Illustrative photo

The Court of Appeal of the General Jurisdiction has upheld the decision of the Court of Elbasan, placing the security measure of arrest and imprisonment for the two defendants, who tried to kill the businessman Fuad Verzivolli 6 years ago, by placing a tear gas in his car.

The court has left Astrit Sinanaj, accused of several criminal offenses, and Thanas Thoma, accused of not reporting the crime, in prison.

Decision:

Referring to previous reports in the media, the Court of Appeal of General Jurisdiction informs the following:

On 06.05.2017, a notification was received from the Operative Room of the Elbasan Local Police Directorate, that in the neighborhood "Luigj Gurakuqi", near the Skampa Theater Elbasan, under a Volkswagen type vehicle, owned by the citizen with the initials FV, ??a package was found suspected explosives, remote controlled which was deactivated by the police. Accused for this event is the citizen with the initials AS as well as the citizen with the initials Th.Th for "Crime Prevention".

The Elbasan Judicial District Court conducted the trial related to the criminal case that belongs to the defendant with the initials AS, accused of committing the criminal offense "Intentional murder carried out in a dangerous manner for the lives of many people" remaining in the attempt, "Unauthorized possession and production of weapons, explosive weapons and ammunition", "Destruction of property with explosives" and "Removal of the prisoner from the place of detention", provided by article 79/ë, 22, 278/1, 152/1 and 323/1 of the Criminal Code, as well as the defendants with the initials Th.Th, accused of committing the criminal offense of "Preventing a crime", provided for by Article 300/1 of the Criminal Code.

Elbasan Judicial District Court, with decision no. 331, dated 08.07.2020 decided:

? The guilty plea of ??the defendant AS, for committing the criminal offense "Intentional murder carried out in a dangerous manner for the lives of many persons", remaining in the attempt, provided by articles 79/ë and 22 of the Criminal Code and the punishment of him, based on this provision, with 20 (twenty) years of imprisonment.

? The guilty plea of ??the defendant AS, for committing the criminal offense "Possessing and manufacturing weapons, explosive weapons and ammunition", provided by Article 278/1 of the Criminal Code and his punishment, based on this provision, with (5 five) years imprisonment.

? The guilty declaration of the defendant AS, for the commission of the criminal offense "Destruction of property with explosives", remaining in the attempt, provided by articles 152/1 and 22 of the Criminal Code and his punishment, based on this provision, with 2 (two ) years of imprisonment.

? The guilty declaration of the defendant AS, for committing the criminal offense "Removing the prisoner from the place of stay", provided by article 323/1 of the Criminal Code and his punishment, based on this provision, with 2 (two) years of imprisonment.

? Pursuant to Article 55 of the Criminal Code, in the consolidation of the sentences, the final sentence of the defendant AS, with a single sentence of 25 (twenty-five) years of imprisonment.

? The guilty plea of ??the defendant Th.Th, for the commission of the criminal offense of "Preventing the crime", provided for by Article 300/1 of the Criminal Code and his punishment, based on this provision, his punishment with 10 (ten ) months of imprisonment

Against this decision, the defendant with the initials AS filed an appeal, which requested the annulment of the decision and the declaration of not guilty or, alternatively, the declaration of guilt of the defendant with the time of detention for the criminal offense of "Leaving the place of stay".

Also, on the appeal of the defendant with the initials Th.Th, who requested a change of the decision and a declaration of innocence and the return of the documents to the court of first instance.

Durrës Court of Appeal with decision no. 10-2021-135/33, dated 27.01.2021 decided:

- The annulment of decision no. 331 dated 08.07.2020 of the Elbasan Judicial District Court and the return of acts for retrial in the same court with a different panel.

Against the decision of the Durrës Court of Appeal, the victim of the criminal offense, the citizen with the initials FV, ??who requested the cancellation of decision no. 10-2021-135/33, dated 27.01.2021 of the Durrës Court of Appeal and the enforcement of decision no. 331, dated 08.07.2020 of the Elbasan Judicial District Court.

The Criminal College of the Supreme Court, with decision no. 00-2021-878, dated 11.11.2021, decided.

-Rejection of the appeal submitted by the applicant FV against decision no. 10-2021-135/33, dated 27.01.2021 of the Durrës Court of Appeal.

At the end of the retrial, the Elbasan Judicial District Court with decision no. 558 (13-2022-5243), dated 11.11.2022 decided:

? The guilty declaration of the defendant AS, with the security measure "arrest in prison" provided by article 238 of the Penal Code, for the commission of the criminal offense "Intentional murder carried out in a dangerous manner for the lives of many persons", and remaining in the attempt, provided by article 79/ë and 22 of the Criminal Code and his punishment, based on this provision, with 20 (twenty) years of imprisonment.

? The guilty plea of ??the defendant AS, with the security measure "arrest in prison", for the commission of the criminal offense "Possessing without permission and the production of weapons, explosive weapons and ammunition", provided by article 278/1 of the Criminal Code and the punishment his, based on this provision, with 5 (five) years of imprisonment.

? The guilty plea of ??the defendant AS, with the security measure "arrest in prison", for committing the criminal offense "Destruction of property with explosives", remaining in the attempt, provided by article 152/1 and 22 of the Criminal Code and his punishment, in based on this provision, with 2 (two) years of imprisonment.

? The guilty plea of ??the defendant AS, with the security measure "arrest in prison", for committing the criminal offense "Removing the prisoner from the place of stay", provided by article 323/1 of the Criminal Code and his punishment, based on of this provision, with 2 (two) years of imprisonment.

? Pursuant to Article 55 of the Criminal Code, in the consolidation of the sentences, the final sentence of the defendant AS, with a single sentence of 25 (twenty-five) years of imprisonment.

? The guilty plea of ??the defendant Th.Th, with the security measure "the obligation to appear in the judicial police" provided by article 234 of the Penal Code, for the commission of the criminal offense "Disobedience of the crime", provided for by article 300/1 of the Criminal Code and his punishment, based on this provision, with 10 (ten) months of imprisonment

The case on appeal was judged on the basis of the appeal made by the defendant with the initials AS, who requested the change of the decision of the Elbasan Judicial District Court and the dismissal of the trial for the commission of the criminal offenses provided by articles 79/ë, 22, 152/1, 22 and 278/1 of the Penal Code, declaring him guilty only for committing the criminal offense "Removal of the prisoner from the place of stay" and, as an alternative, the annulment of the decision under review and the return of the case for retrial in first instance with another court

At the end of the trial, today on 24.04.2023, the Court of Appeal of General Jurisdiction, composed of the panel with Judge Relator Mr. Sokol Pina and members Mrs. Valbona Vata and Mr. Valbon Cekrezi, decided:

? Enforcing decision no. 558 (13-2022-5243), dated 11.11.2022 of the Elbasan Judicial District Court.

COURT OF APPEALS OF GENERAL JURISDICTION