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He demanded 12 thousand euros for the use of the beach in Ksamil/ SPAK clears up the charges against the Urban Planning official

2023-10-27 10:12:00, Aktualitet CNA

He demanded 12 thousand euros for the use of the beach in Ksamil/ SPAK clears up

The Special Prosecutor's Office against Corruption and Organized Crime in Tirana has revealed the charges against the official of Urban Planning in Saranda, Ariel Balani.

SPAK announces that the citizens with the initials SD and FD have faced a problematic situation regarding the equipment with a permit for the use of the beach in Ksamil where they had built an object.

Balani, being an employee in the Urban Planning Office in the Municipality of Saranda, requested 12,000 euros from the above-mentioned two persons to exert illegal influence on the National Coastal Agency to obtain permission to use the beach.

In July 2021, he took 6,000 euros from them and they talked that the rest would be given to him when the permit was issued, but later the agreement was not fulfilled and the official returned the money.

The court of first instance has set the security measure "Arrest in Prison" for the criminal offense, "Exercising illegal influence on persons exercising public functions", provided by article 245/1, fourth paragraph of the Criminal Code.

Full Notification:

The Special Prosecutor's Office against Corruption and Organized Crime in Tirana, on the basis of the investigative material sent for subject competence by the Prosecutor's Office at the Court of First Instance of Sarandë, has registered proceedings no. 188 of 2022, for the criminal offenses "Passive corruption of persons who exercise public functions", provided by article 259 of the Penal Code, "Exercising illegal influence on persons exercising public functions", provided by article 245/1 of the Criminal Code and "Abuse of duty", provided by article 248 of the Code Criminal.

In the analysis of the investigative actions carried out up to this moment, it turns out that the SD and FD citizens have faced a problematic situation regarding the equipment with permission for the use of the beach in Ksamil where they had built an object. Citizen AB, being an employee in the Urban Planning Office in Sarandë Municipality, has interacted with citizens FD and SD, who were asked for 12,000 (twelve thousand) Euros to exert illegal influence on the National Coastal Agency to obtain permission for the use of the beach. In July 2021, the AB citizen took the amount of 6,000 (six thousand) Euros from these citizens and they discussed that they would give the rest when the permit was issued, but later the agreement was not fulfilled and the AB citizen has returned the monetary amount.

As above, based on the investigations carried out in the framework of this criminal proceeding, it turns out that there are reasonable doubts based on evidence that the AB citizen has consumed elements of the criminal offense "Exercising illegal influence on persons exercising public functions". provided by article 245/1, fourth paragraph of the Criminal Code.

Also, the investigation shows that the FD and SD citizens had problems with a facility built by them in Ksamil, for which the legalization procedures had started. During the inspections carried out by IKMT in 2019, the subject "FD" was proceeded with an administrative measure. In March 2020, the JP citizen with the duty of IKMT inspector asked the FD citizen for the monetary amount of 7,500 Euros, in order not to destroy the building he had built on the Ksamil beach, but after they negotiated, he gave the JP citizen the amount of 3000 Euros and the facility was not demolished in 2020, even though there was a demolition decision by IKMT since September of 2019. From the documentation administered by IKMT, it appears that the facility of citizen FD was demolished only on 07.06.2021.

As mentioned above, based on the investigations carried out in the framework of this criminal proceeding, it results that there are reasonable suspicions based on evidence that the JP citizen has consumed elements of the criminal offense, "Passive corruption of persons exercising public functions", of provided by article 259 of the Criminal Code.

At the request of the Prosecution, the Special Court of First Instance for Corruption and Organized Crime with decision no. 115 dated 25.10.2023, has decided:

1. The determination of the measure of personal security, that of "Prison", provided for by Article 238 of the Code of Criminal Procedure against the person under investigation AB, investigated for the criminal offense, "Exercising illegal influence on persons exercising public functions". provided by article 245/1, fourth paragraph of the Criminal Code.

2. Determination of the measure of personal security, that of "Prison Arrest", provided by Article 238 of the Code of Criminal Procedure to the person under investigation JP, investigated for the criminal offense "Passive corruption of persons exercising public functions", provided by Article 259 of the Criminal Code.

The above measures were executed by the judicial police services of the General Directorate of the State Police on 26.10.2023./ CNA





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