They benefited from land through forgery/ The prosecution wants prison for the former mayor of the Municipality of Bëxulë

2024-04-15 11:08:00, Aktualitet CNA

They benefited from land through forgery/ The prosecution wants prison for the

Prosecutor's Office of Tirana

They obtained 7500 m2 of land in Tirana through forgery, the prosecution requests arrest in prison for 4 people.

The prosecution requests 'prison arrest' for 3 former officials and the KA citizen, as well as the seizure of 7500m2 of land in Bëxulë obtained through the falsification of documents.

It is learned that the Prosecutor's Office of Tirana requests the arrest in prison for the former mayor of the Municipality of Bërxulla, Ymer Marku and 2 other former officials.

Full Notice:

The Tirana Prosecutor's Office requests 'Arrest in prison' for 3 former officials and the KA citizen as well as the seizure of 7500m2 of land in Bërxulë obtained through the falsification of documents

The Prosecutor's Office at the Court of First Instance of General Jurisdiction, Tirana, requested the appointment of the personal security measure "Arrest in prison" for former officials YM, KB, AL, for committing the criminal offense "Abuse of duty" and the citizen and CA for the criminal offense "Forgery of documents", provided by article 186/2 of the Penal Code and the offense "Cleaning the proceeds of a criminal offense" provided for by article 287 of the Criminal Code.

In the same way, this prosecutor demanded the sequestration of 7,500 m2 of "Walnut" type land suspected to have been obtained illegally and then sold to the company "Alko Impex Construsion" shpk in the amount of 10,000,000 new lek.

On 16.09.2020, this prosecutor's office registered criminal proceedings no. 5783, for the criminal offense of "Abuse of duty" provided for by Article 248 of the Penal Code.

The investigation showed that the survey plan for the property with a size of 7,500 m2 went in favor of the citizen KA (signed/signed) by the Elder of the Village Bërxulle, citizen AL and the Mayor of the Municipality Y. M, at a time when the lands on the Bërxulle hill were land of the Municipality of Vora and in 1998 they were transferred to the administration of the former Bërxull Municipality.

The person under investigation is a citizen YM citizen from 2004 - August until 2015, he was acting Mayor of Bërxull Municipality, Tirana. With letter no. 1021 prot, dt. 13.07.2005, he sent for verification to the Tirana District Council, the documentation for citizens AA, PA and Sh.A. In the capacity of the Mayor of Bëxulle Municipality, together with the village headman, citizen AL, signed the survey plan for the assets of these citizens.

Whereas with the letter no. 576 Prot, dated 12.05.2015 with the subject "Sending documentation for registration" was formulated/conceived by the specialist of ZMMT, citizen KB and confirmed (signed) by the mayor of the Municipality, citizen YM for the same property on behalf of KA citizens (unlike what he did a year ago for the same property).

The person under investigation, a UN citizen, who, from July 2011 to September 2015, was in charge of the Land Protection and Management Office near Bërxulle Municipality, Tirana, compiled the documents to be sent for registration and sent the original AMTP without number on behalf of the citizen KA for the property with no. 1032 zk1167 with an area of ??7,500 m2, without first verifying the documentation that his office has. While the citizen KA, could not be equipped with AMTP without number dated 14.1.1996 (falsified according to the expertise act) as he was equipped with AMTP with no. 30 dated 06.01.1996, for the property with no. 133/12, with area 5.100 m2 of land type (what was the rate per capita).

The person under investigation, citizen KA, found that after having appropriated the property with forged documents in cooperation with the employees of the Bërxulle Municipality and the Village Elder, he also benefited from monetary income in the amount of 10,000,000 new leks, consuming the work "Cleaning the products of the criminal offense" provided by article 287 of the Penal Code, alienating the property in order to cover its origin, knowing that this property is the product of the criminal offense of falsifying documents.

In the specific case, during the exercise of duty in the Municipality of Bërxulle, the citizens KB, AL and YM, in cooperation with each other, by abusing their duty, have consumed elements of the criminal offense of "Misuse of duty" provided for by article 248 of the Penal Code , as there are suspicions based on evidence that these employees, with their actions and inactions, have performed actions contrary to their functional duties, infringing the legitimate interests of the state and other claimants, due to the considerable economic damage that was came as a result of the illegal alienation of the property claimed and enjoyed by them for years.

Taking into account the social dangerousness of the criminal offense, the spread of the criminal offense, the sanction, as well as with the aim of conducting an all-inclusive investigation, in the conditions where there are causes that put at risk the taking or authenticity of the evidence (criteria defined in Article 228 of Penal Code), we estimate that against the citizens KA, KB, AL and YM, the measure of personal security "arrest in prison" should be assigned, provided by article 238 of the Penal Code. /CNA