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The quarrel in the Assembly between Sinai and Nallbat/SPAK calls for the dismissal of the case

2024-09-24 16:05:00, Aktualitet CNA

The quarrel in the Assembly between Sinai and Nallbat/SPAK calls for the

The Special Prosecutor's Office requests the dismissal of the file for the criminal offense of "assault due to duty" for the physical collision between MP Vullnet Sinaj and Bledion Nallbat in the session of October 30, 2023. The request was sent to the Special Court on September 16.

"From the study and analysis of the documentation, we conclude that there is no data for the cumulative completion of the four elements of the criminal offense for which it is claimed in each report, and for this reason, it is not possible to continue with the performance of other investigative actions.

Referring to the above, it is important to emphasize that in order to hold a person criminally responsible, it is necessary that his actions or inactions contain the elements of a certain figure of the criminal offense, provided by the criminal law.

Respecting and completing the elements of the criminal offense figure is of particular importance, because it has to do with the implementation of the principle of legality through which society as an entity supervises its members through the legal control of society members. In order to have a concrete picture of the criminal offense, the existence of all its component elements, taken together, is necessary, which are: a) the object of the criminal offense; b) objective side; c) the subject and ç) the subjective side. Probability of the objective and subjective elements of the picture of the criminal offense. serves as a basis for putting a person before criminal responsibility. If even one of these legal elements does not exist or is not proven, the person cannot be held criminally responsible and therefore not even punished. If we refer to the general notion of the criminal offense, in the light of the provision in the provisions of the general part of the Criminal Code, the criminal offense consists of these basic elements: Typical fact (Article 13 of the Criminal Code), illegality (Article 1, according to which criminal law defines the criminal offenses, punishments and other measures taken against the perpetrators and Article 2, Non-punishment without law) and guilt (Article 14 of the Penal Code).

Returning to the issue, the existence of the typical fact, that of hitting due to duty, is not proven, either by the citizen Bledion Nallbati, or by the citizen Vullnet Sina", says the announcement of SPAK./ CNA





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