He killed three women and injured three others/ ILD verifies the procedures for Dan Hutra's release from prison

2023-05-16 09:06:00, Aktualitet CNA

He killed three women and injured three others/ ILD verifies the procedures for

The Office of the High Inspector of Justice has completed the initial verification of the information made public in the media, regarding the serious incident that occurred in Tirana on March 1, 2023, where as a result of the actions carried out by the citizen Dan Hutra, 3 women they lost their lives and three others were injured, including his roommate.

The ILD assesses in advance that the facts (actions or inactions of the magistrate), which may constitute disciplinary violations, according to the requirements of law no. 96/2016 "On the status of judges and prosecutors in the Republic of Albania" as amended, are not only those that are submitted based on public information, but are those that are analyzed by the High Inspector of Justice, or evaluated based on a process verification or disciplinary investigation. On the basis of a public information, a set of facts can be presented, which are claimed to have occurred and which constitute a disciplinary violation, but the High Inspector of Justice can make a correct or different definition of the facts and actions, related to the disciplinary violation, without being bound by the definition, that can be claimed in this public information.

In order to verify this case, the High Inspector of Justice has administered additional data and relevant documentation from the Prosecutor's Office of the Judicial District Court of Tirana and the Court of the Judicial District of Tirana, the Court of Appeal of the General Jurisdiction, the Prosecutor's Office at the Judicial District Court Durrës and the Court of the Judicial District of Durrës, the Prosecutor's Office at the Court of the Judicial District of Korçë, the Prosecutor's Office at the Court of the Judicial District of Kuka and from the Directorate of Prisons.

From the verifications carried out on the media information about the release from prison of citizen Dan Hutra, it turns out that the release is the result of a judicial process with the object "Request for cancellation of security measures", and the decision-making of the judge GH was in accordance with the law, since the convict had completed the period of the sentence by staying in custody.

From the verifications carried out on the media information related to the summary trial for the citizen Dan Hutra, for the criminal offense "Domestic violence", it results that the judge GH in exercising his powers to assess the validity of a procedural act, according to the relevant regulation in the Code of the Criminal Procedure, has also included the defendant's position for recognition of the RK prosecutor's request, accepting the abbreviated trial, as a trial in the state of the acts that occurred in the prosecutor's fascicle by whose choice, the defendant waives the debate for the evidence, requests for invalidity, accepting to be judged on the basis of the data obtained in the phase of preliminary investigations, therefore benefiting from a reduction of 1/3 of the sentence, if convicted.

From the verifications carried out on the media information about the measure of the punishment of Dan Hutra with 1 year and 6 months in prison, it results that the request of the prosecutor and the decision-making of the judge are in accordance with the legal discretion of the magistrate, in determining the measure of punishment, based on the facts conveyed , including the previous conviction of the defendant for the murder of his wife and the margin of sanction, which the legislator has determined for the criminal offense "Domestic Violence" (Article 130/a/1 of the Penal Code), decision-making also confirmed in the Court General Jurisdiction Appeals.

In relation to the non-administration of evidence of the penalty, referring to the analysis for the individualization of the punishment, in the conditions where, in the context of the aggravating circumstance according to Article 50/1/ç of the Penal Code, the previous conviction of the defendant related to the murder of to his wife, it is appreciated that the ascertained lack of administration of the evidence of the penalty cannot be assessed as a failure to fulfill the function during the trial, within the framework of the disciplinary violation according to the provisions of Article 101 and Article 102, point 1 letter "ç" of the law no. . 96/2016 "On the status of judges and prosecutors in the Republic of Albania", amended.

In the analysis of the administered documentation, it was found that in relation to the legal procedures followed during the investigation, trial or execution phase of the criminal case registered in 2022, on behalf of the DH citizen for committing the criminal offense "Domestic Violence", provided for from Article 130/ai of the Criminal Code, as well as the legal procedures followed during the investigation, trial or execution phase of other possible criminal cases registered in the name of the DH citizen, no actions or inactions of the magistrates, which create the Inspector of the High Court of Justice, a reasonable doubt, which justifies the initiation of a disciplinary investigation according to the requirements of Article 122, point 1 of Law no. 96/2016 "On the status of judges and prosecutors in the Republic of Albania", amended.

Under these conditions, the High Inspector of Justice, in support of articles 120 and 121, point 2, letter "a" of law no. 96/2016 "On the status of judges and prosecutors in the Republic of Albania", amended, article 204 , point 1, letter "j" and article 2014 of law no. 115/2016 "On the governing bodies of the justice system", as amended, has decided to archive after verification mainly the information made public in the media regarding legal procedures followed during the investigation, trial or execution phase of criminal cases registered in the name of the citizen Dan Hutra.