Decan's convicted of murder two years in prison

Two years less prison will suffer, Shaip Zukaj, convicted of killing Zymer Derivsaj.

This, after the Court of Appeals has accepted it as partly based, the complaint of defenders of the accused Zukaj, thus reducing his prison sentence for charges of murder of 13 to 11 years, while fined for the illegal weapons prosecution, Appeals has confirmed.

The Constitutional Court in Pec, in February of this year, Shaip Zukain was found guilty of the 2011 murder in the Decani Community, where Zymer Dervisaj was left dead.

For his murder, Zukaj was sentenced to the first instance to 13 years in prison. Likewise, the same was found guilty of illegal weapons, for which he was sentenced to 2,000 euros in fines. The sentence pronounced by the court on the first degree had preceded the pleas on the part of accused Zukaj. However, unhappy with the extent of the sentence, the defense of accused Zukaj had remained.

The defendants' defence incidents were considered by the Court of Appeals in May of this year. In two separate complaints to Apel, defenders of the accused, lawyers Gazmend Halilaj, as well as Ndec Dodaj, had proposed to the second-instance court, that a milder sentence be pronounced on their defenders.

In his speech to the Apel's college, lawyer Halilaj had said that the expertise performed on the first degree has proved that his protector has carried out his work in a purely reduced mental state.

Moreover, Halilaj had said that the same one has repented of the work he has done, expressed regret, is unlikely to repeat the work, and added that the families of the accused and the deceased have already agreed.

The accused Zukaj himself, in his speech before Appeals' college, said he feels sorry for the work done and that he apologizes.

And these defence complaints, as partly based, have been accepted by the second-degree court.

The Appeals Act says that there are complaints against defenders, that the extenuating circumstances outlined by the court in the first degree have not really been assessed, and that the accused, in particular, throughout the entire procedure in this criminal-juridic case, has pleaded guilty since the first phase of the investigation.

Likewise, Apel has appreciated the fact that the accused has repented and publicly apologized to damaged families, then, except the accused and their families have agreed, where the same families have not filed a property-juridic request.

Also, as extenuating circumstances, the Appeals College has taken into account the fact that the accused in question has committed it under the influence of reduced mental ability.

“Determination pronounced in prison for 13 years is severe, which is rightly claimed even by complaints, so, realistically assessing the extenuating circumstances filed by the court in the first degree -- the accused -- for the criminal offence of serious murder by Article 179 pars. One under the front. 4 of the KKP, he pronounced his sentence in prison for 11 years, while, fined sentence by the first-instance court, for criminal possession, control, possession or unauthorized use of weapons by Article 374 pars. 1 of the KKP, takes it as confirmed”, says the Apel Act.

Otherwise, Shaip Zukaj was charged with having deprived the late Zymer Dervisaj of life in the Green Market in Decani in September 2011, with the aim of revenge. Now Zymer Dervisaj had risked the lives of many and the damaged Adil Thaci.

According to the indictment, Zukaj had fired several times with automatic calibre weapons 7.6239 mm, towards the late Dervisaj, and he had spoken the words “I am Shaban Belegu” and had quickly left the scene.

In his move, according to the prosecution, the accused had committed criminal work “serious murder”. / Justice Trust