The Court of Appeals rules for Murat Mehat

The Court of Appeals rules for Murat Mehat

The Kosovo Appeals Court has rejected it as unconventional based on the Pristina Constitutional Prosecutor's complaint, in the case of indictees M.M., I.K. and N.S., due to the criminal act “Keq use of official position or authority”. Thus, Apel has left the Constitutional Court in Pristina in power of the date [...]

The Kosovo Appeals Court has rejected it as unconventional based on the Pristina Constitutional Prosecutor's complaint, in the case of indictees M.M., I.K. and N.S., due to the criminal act “Keq use of official position or authority”.

In this way, Appeals has put into effect the Constitutional Court's decision in Pristina on July 31st, under which the indictment against them has been cast, confirming the 253th provision of the Criminal Procedure Code, and procedure has ceased in the case.

The Court of Appeals, after elaborating the evidence under which the indictment was established, estimates that in the concrete case, the first degree court has acted justly when it is thrown out, because in the actions of the defendants, the elements of the criminal act for which they are charged are not consumed.

This is because the criminal act of misuse of official office or authority is accomplished only when it becomes more intentional than the benefit or cause of harm or violation of the other person's rights, elements that not only are highlighted in the device of the indictment but test even the evidence on which it is established.

 

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