Former RTK 2 Director Sentenced to Prison

The indictment was announced Tuesday by Judge Shashivar Hoti, who has announced the accused that with his reconciliation, the prison sentence could be replaced by fines in many of the 2,500 euros.

Joksimovic, has been charged that RTK's, as a damaged party, pay back 1226 euros in 15 days, after that sentence takes a cut.

In addition to the criminal offence of “the misuse of the official position”, Joksimovic was also charged with the “legising the false content”, but for this work prosecutor Merrishe Llugiqi has been withdrawn from the indictment, and Judge Hoti has subsequently received a refusal act.

After part of the prosecution remained only the criminal act of misuse of office, Joksimovic, as in the first time he had been tried to plead guilty.

Before the sentence was pronounced in this retrial, prosecutor Merrishe Lluqi stated that after taking the second-instance court ruling, the prosecution has decided to withdraw from prosecution for criminal work <x0...legisation of false content”.

I represent the prosecution today in this criminal case against indictee Zarko Joksimovic, who included two criminal acts, renounces the second criminal act described in the second slide, which is the criminal act “lagisation of false content”, by Article 403 The KPRK's, with the reasoning that all these actions are included in the first device of criminal activity “the misuse of the position but the official authority and the same work to continue, further”, the prosecutor said.

Judge Hoti stressed after the return of the case to retrial and re-establishment all the guidelines that the Court of Appeals has given him.

Joksimovic, even in his first trial on September 7, 2017, having pleaded guilty to the two acts he was charged with was sentenced to a unique 6-month sentence, which could be replaced by fines, counting daily on 20 euros.

Against that ruling, the Constitutional Prosecutorate in Pristina had filed complaints, under which the prison sentence had not to be replaced by fine sentences, but it would have to be appointed a prison sentence.

Joksimovic's defender, lawyer Kujtim Krvenshi, had asked from the second instance to confirm the first degree ruling and had demanded that the prosecution's complaint be rejected.

The Court of Appeals, in the decision of December 27, 2017, had decided on the official duty to annul the court's decision in the first instance, as according to Apelit the trial devices, along with the punitive part are incomprehensible and contradictory to the reasoning.

According to the Court of Appeals, although the accused has pleaded guilty to the two criminal acts he was charged with, the actual description of the indictment slides was the same as in the criminal act of “the misuse of the official position” as well as for the criminal work of “legisation of false content”.

The appeal has also considered it unfair to replace it from jail sentences to fine sentences, in which one day it would be counted 20 euros in fines, until this possibility of second sentence has been considered illegal, and has stressed that fine punishment must be determined.

According to the Basic Prosecutor in Pristina, criminal acts “misusing the official position” and “legisation of false content, Joksimovic committed them in September 2013, following his application for a working visit at the Amsterdam Technical and Technology Fair.

Joksimovic was charged with having approved the high demand, a trip he had never accomplished, demanded a write-off from the Finance Service at RTK 2.

The same has presented flight ticket, forged flight bill at “Brussels Hotel Continental”, bus travel ticket, Belgium-Amsterdam and flight stamp on “Shengen” in his passport, in which actions have put finance officials at work. According to the indictment, the amount Joksimovic has benefited on behalf of this official trip is 1,226 euros. / Justice Trust