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The appeal of GJKKO upholds the life imprisonment decision for Xuljano Hoxha

2024-04-08 14:47:00, Kronika CNA

The appeal of GJKKO upholds the life imprisonment decision for Xuljano Hoxha

Special Court of Appeal

The Special Court of Appeal has upheld the sentence of life imprisonment for Juliano Hoxha, as well as 16 years for Euglen Halil. They are accused of two murders in Elbasan, that of Emiljano Ramazan and Regis Runaj.

For Hoxha, the decision of the First Instance, which sentenced him to life, remains in force, while the Appeal reduced only one year to the penitent justice who unraveled the murders, Euglen Halil, ultimately sentencing him to 16 years in prison.

The decision in the Special Appeal came after SPAK's appeal of the sentences given by the First Instance.

The prosecution body had requested 30 years in prison for Hoxha and 12 years for Halil, related to the commission of two murders, events which are suspected to have been sponsored by Erjon Alibej.

Announcement of GJKKO:

The Special Court of Appeal for Corruption and Organized Crime, with a panel composed of judges Saida Dollani (presiding), Florjan Kalaja (member) and Igerta Hysi (member), today on 08.04.2024, announced the decision regarding the case of registered with no. 12 act, date 23.01.2024 registration, on the appeal submitted by the Special Prosecutor's Office against Corruption and Organized Crime as well as the appeals submitted by the appellants/defendants EH and Xh.H., against decision no. 64, dated 11.10.2023 of the Special Court of First Instance for Corruption and Organized Crime, which decided:

The guilty plea of ??the defendant Xh.H., for committing the criminal offense "Premeditated murder", for the interest, in the special form of cooperation, of the structured criminal group, to the detriment of the victim ER, provided by article 78 paragraph 2 of the Criminal Code, in relation to articles 28 point 4 and 334 point 2 of the same Code, and his sentence of 30 (thirty) years of imprisonment.

The guilty plea of ??the defendant Xh.H., for committing the criminal offense "Murder with premeditation", for the interest, in the special form of cooperation, of the structured criminal group, committed with ferocity and cruelty, to the detriment of the victim RR , provided by article 78 paragraph 2 of the Criminal Code, in relation to articles 28 point 4, 50 letter "c" and 334 point 2 of the same Code, and his sentence of life imprisonment.

The guilty plea of ??the defendant Xh.H., for committing the criminal offense "Unauthorized possession and production of weapons, explosive weapons and ammunition", provided by article 278/4 of the Criminal Code, in relation to articles 28 point 4 and 334 point 1 of this same Code, and his sentence of 7 (seven) years.

The guilty plea of ??the defendant Xh.H., for committing the criminal offense "Structured criminal group", provided by article 333/a paragraph 2 of the Criminal Code, and his sentence of 3 (three) years of imprisonment.

Based on article 55 paragraph 2 of the Penal Code, in joining the sentences, the defendant Xh.H. shall be sentenced to life imprisonment.

Based on Article 33 of the Criminal Code, as well as Article 15 of Law no. 81/2020 "On the rights and treatment of those sentenced to imprisonment and pre-trial detention", serving the sentence for the defendant Xh.H. will start counting from the day of his arrest and will be carried out in one of the Institutions for adult and high-security convicts.

The guilty plea of ??the defendant EH, for the commission of the criminal offense "Murder with premeditation", for interest, carried out with interest in the special form of cooperation, that of the structured criminal group, to the detriment of the victim ER, provided by article 78 paragraph 2 of the Criminal Code, in relation to articles 28 point 4 and 334 point 2 of the same Code, and his sentence of 30 (thirty) years of imprisonment.

The guilty plea of ??the defendant EH, for the commission of the criminal offense "Premeditated murder", for the interest, in the special form of cooperation, of that of the structured criminal group, carried out with ferocity and cruelty, to the detriment of the victim RR, provided by article 78 paragraph 2 of the Criminal Code, in relation to articles 28 point 4, 50 letter "c" and 334 point 2 of the same Code, and his sentence of life imprisonment.

The guilty plea of ??the defendant EH, for committing the criminal offense "Unauthorized possession and production of weapons, explosive weapons and ammunition", provided by article 278/4 of the Criminal Code, in relation to articles 28 point 4 and 334 point 1 of of this Code, and his sentence of 6 (six) years of imprisonment.

The guilty plea of ??the defendant EH, for committing the criminal offense "Structured criminal group", provided by article 333/a paragraph 2 of the Criminal Code, and his sentence of 2 (two) years of imprisonment.

Based on Article 55 paragraph 2 of the Penal Code, in a joint sentence, the defendant EH is sentenced to life imprisonment.

Based on Article 28 point 7 of the Criminal Code, the reduction of the sentence and the final sentence of the defendant EH with 17 years of imprisonment.

Based on Article 33 of the Criminal Code as well as Article 15 of Law no. 81/2020 "On the rights and treatment of those sentenced to imprisonment and pre-trial detention", the serving of the sentence for the defendant EH will start counting from the day of his arrest and will be carried out in one of the Institutions for the Execution of Criminal Decisions , according to the agreement with the Directorate of Witnesses and Associates of Justice..."

In conclusion, the Special Court of Appeal for Corruption and Organized Crime decided:

The entry into force of Decision no. 64, dated 11.10.2023 of the Special Court of the First Instance for Corruption and Organized Crime as far as it was disposed in relation to the defendants Xh.H.

The entry into force of Decision no. 64, dated 11.10.2023 of the Special Court of the First Instance for Corruption and Organized Crime as far as it is disposed in relation to the criminal facts and the guilt of the defendant EH, with the following changes:

The sentence of the defendant EH to 10 years of imprisonment for the commission of the criminal offense to the detriment of the victim ER, according to article 78/2 in relation to article 28/4, article 334/2, article 28/7 of the Criminal Code as well as points 2 and 4 of Article 37/a of the Code of Criminal Procedure.

The sentence of the defendant EH to 15 years of imprisonment for the commission of the criminal offense to the detriment of the victim RR, according to article 78/2 in relation to article 28/4, article 334/2, article 28/7 of the Criminal Code as well as points 2 and 4 of Article 37/a of the Code of Criminal Procedure.

The sentence of the defendant EH to 3 years imprisonment, according to article 278/4 in relation to article 28/4, article 334/1, article 28/7 of the Criminal Code as well as points 2 and 4 of article 37/a of the Code of Procedure Criminal.

The sentence of the defendant EH with 1 year imprisonment, according to article 333/a/2 in relation to article 28/7 of the Criminal Code as well as points 2 and 4 of article 37/a of the Code of Criminal Procedure.

On the basis of Article 55/2 of the Criminal Code, in the consolidation of the sentences, the final sentence for the defendant EH is 16 years of imprisonment.

Leaving the aforementioned decision in force for its other parts./ CNA