Supreme denies former judge convicted of corruption complaint

The Supreme Court has rejected the complaint filed by former judge Miodrag Pavic, sentenced to one year in prison because of the criminal offence to bribe.

The Constitutional Court in Prizren, in January 2015, had acquitted the accused Pavic of taking bribes in the absence of evidence, but after a plea filed by the Constitutional Prosecution in Prizren, the Court of Appeals had changed its first-degree verdict, accusing Pavic of being sentenced to a year-long prison sentence.

Against the second-instance court's bias, the Supreme Court complaint has exercised, defender of the accused, lawyer Ymer Huruglica, with claims of substantial violation of criminal procedure provisions, violation of criminal law, incorrect and incomplete confirmation of the actual situation, and the verdict on criminal sanctions, with the proposal for the court to be amended and criminally executed, with which the accused is acquitted or cancelled, and the case returned to the same court in restoration.

The prosecution in the Supreme Court has also exercised, with claims of substantial violation of criminal procedure provisions, error and incomplete confirmation of the actual situation and violation of criminal law, with proposals for the prosecution to be amended and taken into account, with which it is acquitted or cancelled, and the case is returned to the same court in restoration.

However, these defense complaints and the accused himself, the Supreme Court's college, have rejected them as groundless.

According to the Supreme Court's assessment, the complaint act does not contain substantial violations of the penal procedure provisions, which, conform Article 394 par.1 of KPPK, are reviewed under official office and also complaints filed in complaints of essential violations of criminal procedure provisions are not based.

The Supreme Court's judgment also states that the actual situation has been proved fairly and completely true, but, as far as the Supreme Authority is concerned, whether accused Pavic received the money on the part of the injured in this case or was a bribe or a loan.

The first rate has come to the conclusion that the administered evidence did not prove that the accused took this money as a bribe, while Appeals estimated that the accused Pavic received the money as a bribe.

The assessment of the Court of Appeals is also approved by the Supreme Court.

The second-instance court's findings are also confirmed through witness testimony from witness V. R., who was official at the Gylan Regional Corruption and Anti-Corruption Investigation Unit. He has declared that a few days before the critical day was damaged by D.N. has announced the bribery investigation by the M.P. judge to conduct his course. The appearance of the case has been very clear and decisive. He said that the judge filed a request to him in August 2012, and was interested in performing the subject faster because he lives in Switzerland, but that the judge has dragged the matter and that he has demanded a bribe of 2,000 euros, telling your children “To the injured, this was shocking, he was very angry, he said what would happen if he was his sick child, and his doctor demanded bribery. If he hadn't given a bribe, and that the case like this had happened in Switzerland “the whole of Switzerland would have been up on foot”, that there is no justice in Kosovo, and that's why he's presenting the case. ” says the Supreme decision.

Of these reasons, according to the Supreme One, the second-degree court has rightly concluded that it has proved beyond the suspicion based on the actions of the accused to be summed up all the objective elements and subjects of the criminal work taking the previous and punishable bribe with the provision of Article 343 par.2 of the KPK, for which actions it has pleaded guilty and has pronounced the sentence in question, and in this case it has not been violated the criminal law at its expense and the court of the second degree has acted justly when it is actually proven and, in fact, has taken the sentence that he is guilty.

Otherwise, the Communist Prosecution Act in Prizren charged accused Pavic with the criminal offence of taking bribes.

As it says in the indictment, Pavic in the quality of the judge at the Municipal Court in Gjilan had sought wealth for himself to carry out under his authorisations, the official act of making a decision in favour of Dragan Nikolic as a proposor of the indictment.

The case involved a proposal for appointment of custody, care and education of minor children, made by Dragan Nikoliqi.

For that decision, according to the accusation act, Pavic had demanded from Nikolic the amount of 2,000 euros.

The amount, reportedly in the indictment, was in two parts, 1,200 francs on November 6, 2012, and 1,200 francs on November 7, 2012. /Betimitor Justice/