Appeal rejects charges of misuse of office

According to the Court of Appeals, the Constitutional Court Act in Pristina, dated 25.06.2018, has been changed, so that the prosecution indictment, filed against indictees E.B., has been thrown down and criminal proceedings have been halted.

According to this indictment, E.B. allegedly because of criminal acts “due to the use of official position or authority” by Article 422, of the Republic of Kosovo Penal Code, “Testing” by Article 394, and “Abnegation of their criminal acts or perpetrators of” from Article 386, same code

Kosovo's Appeals Court has carefully reviewed the SPRK indictment, the first-degree decision, the defendant E.B.'s complaint. As well as the paper of the subject, as pertaining to this defendant, this court estimates there is no evidence that the same has committed criminal acts that are being placed on him.

This court is aware that this phase of procedure differs from the third phase of the criminal procedure, or the main review where evidence is administered, and then the court according to the theory of free obedience decides which evidence will forgive trust, which is not possible to be realised in the phase of second review, but in cases where there is no proof of the prosecution's incriminating actions as such an act, but also criminal procedure cannot go further, since it violates the right to be recognised with the constitution of the Republic of Kosovo, and the pre-conventional Code of Kosovo's Constitution, and the constitution before the Penal Code, the Constitution of Kosovo, the Apence of Justice is said in the state.

As for the defense complaint of the other defendants in this case, R.H., under official duty, the act has been cancelled and the case has been returned to the first degree in restoration.