Prosecutor's complaint against accused of misuse of official duty rejected

The Kosovo Court of Appeals 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 “due to the use of official position or authority” by Article 422 of the Republic of Kosovo Penal Code.

In this way, Appeals has put into effect the Constitutional Court Act in Pristina, on the 3107.2017, under which the indictment against them has been dropped, conformed the 253 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 was thrown down, because in the actions of the defendants, the elements of the criminal offense 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.