Supreme Court Shows When an Inquiry Begins

The Supreme Court has removed the dilemmas of when it is calculated and the two-year-old investigation into an indictment raise begins.

According to the Supreme One, investigations of possible an indictment rise begin from the moment the act is issued for their start, not the time when criminal speculation arises in a case.

The Supreme Court has made such an explanation in the No. PML.nr.154/2017.
Explaining the timing of the investigation had called for the Chief State Prosecutor's Office in connection with the corruption case of the health official, Mentor Shamlli, applying for protection of legitimacy.

Against defendants Mentor Shamol, the Constitutional Prosecutor in Pristina, had filed an indictment on November 18, 2016, due to the criminal act of corruption, in office embezzlement, for which criminal offence the code envisions sentences of up to 5 years in prison.

The defendant Shamnoll through his defender in February 2017 had presented opposition to the evidence and to the dropping of the indictment, but the basic court had rejected this opposition as unfounded.

Unlike the Constitutional Court, however, the Court of Appeals had decided to discontinue the criminal procedure against Shamllo.

The appeal had halted the criminal procedure, arguing that the investigations were initiated following the 24-month deadline, from the passage of a 30-day deadline for throwing a criminal threat.
The Kosovo Criminal Code envisions that an indictment must rise, or not after two years of investigation.

In Shamlo's case, the Appeals Court's time for the launch of the investigation had calculated it from the time of the establishment of criminal charges against him, not from the moment the investigation was issued.

The criminal charge against Shamllo was established on February 22, 2013, while the act of launching investigations on June 6, 2016, more than three years after the announcement.
The Court of Appeals' decision had prompted the Chief State Prosecutor's Office to apply for legal protection at the Supreme Court.

The Supreme Court found that the deadline for prolonging the investigation is not calculated by the time of presenting criminal speculation, but from the moment the investigation is issued.

The Supremee, which has the mandate to decide on the extraordinary legal means, has taken the decision that the prosecution's indictment against Shamllo has been established within the previous legal deadline, confirming the provisions of Article 159 paragraph 1 of the Kosovo Criminal Procedure Code, under which “is said to be launched when the investigation is launched, the investigation ends within 2 years<1>.
The Act against Shamnoll was set up in November 2016, five months after the investigation was launched, writes Kalxo. com

The Court of Appeals in its ruling found that in Shamllo's case, the Court of Appeals has wrongly observed legal provisions in terms of the investigation to raise the indictment.