a few seconds agoA psychiatric report required for Peter Rutlay
Periskopi(7 years ago)
(7 years ago)Once the case against the accused has been brought back to the retrial for the murder of his wife and daughter, Peter Nllecaj, the defense has demanded that the indictment be rejected, citing him as baseless. Unlike the first judgment, when Rutclay had pleaded guilty to guilt at the most held retrial hearing. [...]
Unlike the first judgment, when Rudcaj had pleaded guilty, at the initial retrial session, which was held on September 12, 2019, he had denied guilt, saying the murder had happened by accident.
The Constitutional Court in Gjakova, on November 2, 2018, for serious murder and possession without permission, had sentenced Rudeca to 24 years in effective prison, but that act had since changed the Court of Appeals, which had sentenced him to life in prison.
But then both these judgments have marred the Supreme Court, which has turned the case into retrial, reports the “Justice Vow”.
At Monday's session, after this case has been turned into retrial by the Supreme Court, the lawyer, Ndica Dodaj, has declared that it remains close to the written rejection.
Meanwhile, in a request to drop the indictment, the lawyer Dodaj has demanded that a new psychiatric report be released concerning the condition of the accused's mental state in the case of committing a criminal offence, demanding that a report of psychiatric Forenzic made on June 3, 2018, dealing with the criminal work “slight bodilyisation” be isolated from the subject, since he, according to his report, has nothing to do with this criminal case, since, as he said, two months after that murder occurred.
While prosecutor Ali Uka has proposed to the court that the defendant's plea for the prosecution's impeachment and rejection of evidence be denied.
Even the authorised representative of the damaged party, lawyer Isa Osdautaj, has demanded from the court that the request for the drop of the indictment filed by the defendant's defender be refused as unfounded.
He has also proposed to the court to reject the defender's request as uninstructed to release the psychiatric report regarding the defendant's state of mind at the time of his commission.
The chairman of the court, Judge Gezim Pozheg, has announced that in terms of their proposals, he will decide with a separate and rational ruling within the legal deadline.
The accused Ndekaj at the initial hearing of the retrial was declared innocent of serious murder, while he had pleaded guilty to illegal weapons.
The Constitutional Court in Gjakova, November 2, 2018, for serious murder and illegal possession, had sentenced Rudeca to 24 years in effective prison.
To that decision, all parties had complained, since the State Attorney and the damaged party had sought life imprisonment until the defence had demanded a milder sentence.
However, on March 1, 2019, the Court of Appeals had announced that it had changed the Constitutional Court's decision in Gjakova, and Ndecane had been sentenced to life imprisonment.
The municipality of the Court of Appeals said that the actions of the accused Ndecaj have been renamed as “severe suicide” by Article 179, paragraph 1, sub-paragraph 1.11, the Penal Code of the Republic of Kosovo (KPRK), and imposed on it a life sentence.
According to Apel, the Court of the First Century has not correctly assessed the serious, particularly demanding circumstances, and that these circumstances dominate more than extenuating circumstances.
However, the Supreme Court of Kosovo has later turned the case into retrial, thus undermining the Act of Basic Court in Gjakova and Appeals.
The Supreme Court's college had found that the first degree of judgment is involved in substantial violations of criminal procedure provisions, and that the Court of Second Court, in accepting these defects, in the procedure of admitting guilt, has been obliged to review and cancel the case, not to pass over this violation, which is present and conditioning the constitutionality, because it can be a matter of serious murder by Article 179,1P.1.KP, only if two are committed on purpose.
The Gjakova Constitutional Prosecutor has filed charges against Peter Ndociaj because of the criminal act “heavy murder” by 179 paragraph 1 subparagraph 1.1, 1.3 and 1.11 of KPRK, and for criminal work “control or authorised possession of weapons” from Article 374 paragraph 1 of KPRK.
According to the indictment, the accused on August 7, 2018, in Gjakova, at the victim's family home, has deliberately deprived his wife V of life. N, and his daughter K.N.
The accused allegedly went to the house of the armed victim's brothers, where he shot the automatic rifle in the direction of the house, and shot his ex-wife and daughter, the same wounds have changed their lives.
