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The Korça Prosecutor's Office is justified for Egli Progë/ "Pushing only once with a fist does not indicate the will to kill"

2024-08-14 18:51:00, Aktualitet CNA

The Korça Prosecutor's Office is justified for Egli Progë/

Korca Prosecutor's Office

The Prosecutor's Office of Korça has reacted regarding the murder of Egli Proga, in Pogradec, on August 10.

Regarding the release of 3 out of 4 accused persons, the Court of Korça left the responsibility to the Prosecution, while the latter declares that there was not enough evidence to keep them in prison.

In relation to the criminal offense charged to the author "manslaughter by negligence", the prosecution states that punching only once does not indicate intent to kill.

According to her, intentional murder would be if the perpetrator had chosen an item necessary to realize his criminal intent.

"The Prosecutor's Office initially registered the proceedings for the criminal offense of "Manslaughter", provided for by Article 85 of the Criminal Code, this also in reference to court practice in similar cases, assessing from the materials referred by the police, the punch ( as it turned out from the evidence, the suspected perpetrator punched the victim only once), does not show the will of the victim to kill a person, otherwise he would have most likely chosen another object to achieve his goal criminal, but only to harm him, while intentional homicide requires the victim's intention to kill the person, taking the necessary items to realize his intention", the prosecution emphasizes.

Full statement:

In order to clarify the public opinion and responding to the high interest of the media and civil society regarding the event that happened on 10.08.2024, where the EP citizen was found without signs of life in the city of Pogradec, the Prosecutor's Office of the First Degree of the Jurisdiction of General Korçë informs that he has registered criminal proceedings no. 980 for the criminal offense "Manslaughter", provided for by article 85 of the Criminal Code against the citizen DM

From the material referred by the Korçë Local Police Directorate, it is reported that on 10.08.2024, around 19:00, a notification was received that in the vicinity of the place called "Agency", at the roundabout, neighborhood no. 2 in Pogradec, a citizen was found lying unconscious, who after the arrival of the local police officers, was identified as the EP citizen

The statements of the AB citizen, the victim's cousin, were immediately taken, who stated that he was at a distance of about 30 meters when he saw that a person punched another person and he fell to the ground. He stated that he did not approach but saw the owner of the bar, citizen V. Sh. and offered help to the injured.

In the same way, the statements of the citizen A.Sh., who was present inside the bar, sitting at the same table with the victim, were taken, who stated that when the victim came to the bar, he seemed in a drunken state, initially two with the suspect were joking with each other, and then the victim started using offensive words towards the suspect and the latter told them to go outside a little to explain themselves. He stated that he saw through the glass of the bar that the suspect punched the victim, who fell first on the side of a car and then on the ground.

The statements of citizens V.Sh, AM and LG were taken, who declared that they did not see the incident, they went to the victim after hearing screams. An external examination of the victim was also carried out, during which injuries were found on the face, arm and left leg, but the cause of these injuries is not determined, if it is the result of being hit with fists, with other objects, or from the fall of the free body of the victim on the pavement and the possibility of colliding with an object in the meantime. Regarding this issue, answers are expected from the Institute of Forensic Medicine.

After the DM citizen was identified as the suspected perpetrator who harmed the EP citizen, operational and other technical actions were carried out in order to find his location, until the moment he presented himself at the Pogradec Police Station.

In his statement, the DM citizen states that he did not intend to kill the EP citizen, he tried to hit him, but did not hit him, as he fell directly to the ground by himself. Then, disorientated, he left. These are the evidences that were forwarded by the police to the Korçë Prosecutor's Office.

Based on Article 244 of the Penal Code, the hearing conducted by the court was for the validation of the arrest and the determination of the measure of personal security for the citizens under investigation, a session during which the need for the determination of a measure of security against the person is validated. to ensure that you will not tamper with evidence, leave, or commit other criminal offenses.

Under these conditions, the security measure 'arrest in prison' was requested and assigned to citizen DM, since the evidence so far proves to be the author of the event. As for the other persons arrested for not reporting a crime (an offense punishable by up to 3 years of imprisonment), in the conditions where the evidence against them was scarce, the measure of security was set, the obligation to appear at the judicial police.

In this particular case, the Prosecutor's Office at the Court of First Instance of General Jurisdiction, Korçë, is still conducting investigative actions to fully clarify the circumstances of the event, the actions taken against the victim, by any person who may have been involved, that there may be other persons from those referred by the Police.

The Prosecutor's Office will receive all the necessary evidence to conclude charges against the citizens under investigation who will be taken as defendants, for criminal offenses that may be different from those for which the criminal proceedings have been registered. The change in the register of the criminal offense can be carried out at any moment by the Prosecutor based on the evidence that will be obtained. We would like to point out that the forensic examination report, essential evidence for the event, has not yet been administered in the investigation file, and work is being done on the film footage. Also, the Prosecutor's Office is working intensively to carry out the necessary investigative actions to clarify all the circumstances of the event and the persons involved and their role.

The Prosecutor's Office initially registered the proceedings for the criminal offense "Manslaughter", provided for by Article 85 of the Criminal Code, this also in reference to court practice in similar cases, assessing from the materials referred by the police, punching (as resulted from the evidence, the suspected perpetrator punched the victim only once), does not show the will of the victim to kill a person, otherwise he would have most likely chosen another object to realize his criminal intent , but only to harm him, while intentional homicide requires the victim's intention to kill the person, taking the necessary items to realize his intention.

From the first acts administered in the file, suspicion was created for the criminal offense "Murder by negligence", provided for by Article 85 of the Criminal Code. We clarify that, at the moment the police materials are forwarded to the Prosecutor's Office, the prosecutor evaluates them and registers the proceedings for the criminal offense that is suspected at that moment and only on the first evidence that has been received.

From the evidence that will be obtained in the future, the final registration of the criminal offense will be made and the charges will be announced to the defendants.