He left Mariela Berisha under house arrest/ The Court of Tirana is justified: She is a mother...

2024-10-18 15:15:00, Aktualitet CNA

He left Mariela Berisha under house arrest/ The Court of Tirana is justified:

Photomontage - Antonela Berisha, Mariela Berisha and Klea Prenga

The Tirana court has imposed the measure of "house arrest" for Mariela Berisha and "compulsion to appear" for Antonela Berisha, the two sisters who massacred the model Klea Prenga in the restaurant.

After the adoption of this measure, the Court of Tirana has come up with an argument as to why it took this decision.

The statement states that Mariela Berisha is the mother of a 2-year-old minor child and no one else can take care of her child.

Also, the court considers self-surrender to the police as a relief and informs that Mariela Berisha has regretted the action, together with her sister Antonela.

The argument of the Court of Tirana:

Based on all the circumstances ascertained and verified by the Court in the session of 18.10.2024, in the context of the verification and evaluation of the conditions and criteria for determining the amount of personal insurance, taking into consideration all the circumstances as follows:

Based on Article 230/2 of the Criminal Code, it is provided: "2. A woman who is pregnant or with a child under the age of 3 and who lives with her cannot be arrested in prison..."

M. Berishaj, is the mother of a minor child, only 2 (two) years old. Only she has and can exercise custody of her child, no one else. – European Convention on Children's Rights; Family Code; See article 230, point 2 of the Code of Criminal Procedure: "2. A woman who is pregnant or with a child under the age of 3 and who lives with her cannot be arrested in prison, ...."

The persons under investigation have self-surrendered to the Police on 16.10.2024. In consultation with the defense lawyer, the persons under investigation, with full will and awareness, have decided to surrender themselves, and to face the legal responsibilities, the procedures and the proceeding body, within the framework of this criminal proceeding in their charge.

Both persons under investigation, as well as their defense lawyer, who appeared before the court, have maintained an affirmative and remorseful attitude towards the criminal charge for which they are currently suspected. They express their regret, ask for a public apology for what has happened, and have expressed that they are fully ready to improve and normalize relations with the injured/victim of this criminal offense, also having to bear the financial costs within of complete rehabilitation of her physical injury. It is enough that this thing is accepted and allowed by the victim.

Based on all the evidence administered by the Court, it is not proven and does not result that either of the two persons under investigation have left, have crossed the Albanian territory or border, or are or have been hiding in another place of residence or address , different from the one declared by themselves in the court session before the court.

Likewise, there does not appear to be a report kept by judicial police officers, for any control exercised precisely against them at this address/apartment; and precisely at this address they have been verified and not found.

There is no risk of escaping or avoiding the trial (now), in the conditions where the persons under investigation have surrendered themselves to be available for this trial and the following criminal proceedings.

For both persons under investigation, complete and accurate data have already been obtained regarding their full identification, regarding their exact residence, all their family circumstances and responsibilities, as well as the center of to the work of the citizen A. Berishaj, declared by them in the court session.

The court considers that, based on and argued in all of the above reasons in this decision, the replacement of the personal coercive measure is needed in order to maximally guarantee the final decision, as well as an eventual punishment in relation to this criminal case (Unifying Decision KBGJL); this since any other measure would not respond to and would not be proportional to the concrete and current security needs.

All these circumstances show that the measure of arrest in prison, already considered both by law and by all consolidated judicial practice as an exceptional measure, is disproportionate to be applied in the present case. Above all referring to the fact that the person under investigation, M. Berishaj, is the mother and guardian of her minor child, currently only 2 (two) years old[1].

In such conditions and circumstances, the Court assesses that security needs can be met through the application of other less coercive measures, which create a fair balance between security needs on the one hand and human freedoms and rights on the other. other.

The court considers that, based on and argued in all of the above reasons in this decision, it is necessary to impose a personal coercive measure, the one provided by article 237 of the Penal Code against the person under investigation M. Berishaj, since any other measure does not would fully suit the concrete and current insurance needs./ CNA