SPAK completes the investigations for the former judge of Elbasan/ seizes his assets

2024-03-25 09:59:00, Aktualitet CNA

SPAK completes the investigations for the former judge of Elbasan/ seizes his

The Special Prosecutor's Office Against Corruption and Organized Crime in Tirana has completed the investigations and submitted to the Special Court of First Instance for Corruption and Organized Crime the request for trial of criminal proceedings no. 49 of 2020, in charge of defendant Ilir Pashaj, accused of committing the criminal offenses "Passive corruption of judges, prosecutors and other justice officials", "Refusal to declare, non-declaration, concealment or false declaration of assets, private interests of elected persons and public servants or of any other person who has the legal obligation to declare" as well as "Cleaning the proceeds of a criminal offense or criminal activity", criminal offenses provided by 319/ç, 257/a and 287/1, letter "a" of the Criminal Code.

From the analysis of the facts and evidence, it appears that the defendant Ilir Pashaj, during the period that he served as a judge in the Elbasan Judicial District Court, has irregularly benefited from movable and immovable assets, which are the product of the criminal offense of corruption , a criminal offense which has been proven to have been committed at least in one case and specifically in the case related to the court decision no. 343, dated 29.7.2009, of the Elbasan Judicial District Court, with the object "Issuance of the execution order for the titles executive, decisions no. 255, and no. 256, dated 29.6.2009, and no. 244, dated 26.6.2009, of the Regional Office of Property Restitution and Compensation".

Due to his function as a judge in the Elbasan Judicial District Court, citizen Ilir Pashaj is a declarant subject, based on law no. 9049 dated 04.10.2003 "On the declaration and control of assets, financial obligations of elected officials, and some public servants". The defendant Ilir Pashaj, due to his function as a judge, did not reflect in the periodical declarations of 2015, 2016, and the one after leaving the function, a vehicle with license plate AA……JM, thus hiding this movable property. Also, this defendant has not reflected in these statements the real estate acquired in the name of his father-in-law Sh. B.. Judge Ilir Pashaj, even though he is familiar with the legal obligation to declare all movable and immovable assets, has deliberately hidden them by registering them in the name of other persons related to him, consuming in this elements of the criminal offense provided for by Article 257/a/2 of the Criminal Code.

The defendant Ilir Pashaj has taken care to disguise the irregular benefits obtained due to his duty as a judge in the name of others (father-in-law and brother-in-law), hiding the true owner and source of these assets, consumed in this as well as elements of the criminal offense provided for by Article 287 of the Criminal Code. This citizen, through the transfer of property that is the object of irregular benefit to his relatives, in order to cover the illegal origin of these properties, has consumed the elements of cleaning the proceeds of the criminal offense provided for by article 287/1 letter "a" of the Criminal Code.

During the preliminary investigations of this proceeding at the request of the Special Prosecutor's Office, the Special Court of First Instance for Corruption and Organized Crime, with decision no. 92, dated 02.07.2024, imposed a preventive seizure on the real estate of the apartment type, with an area of ??105.2 m2, located in Elbasan (owned by the citizen Sh. B. but which is suspected to belong to the defendant Ilir Pashaj and which constitutes the product of the criminal offense). This decision was executed by the Elbasan Local Police Directorate.

Also with the decision dated 25.03.2022, the prosecutor decided to seize as material evidence the vehicle with license plate AA....JM, registered in the name of the brother-in-law of the defendant Ilir Pashaj, but which turns out to be his property. This decision was executed by the judicial police./ CNA