What the Penal Code for Brothers Ndekaj predicts in the case of the Entrance that remains the dead suspect in robbery.

The event occurred in the early hours of Wednesday's morning, in Entrance. According to the Court, suspects have deliberately deprived him of the life of the F.G., who is the son of a police official from Gracanica.

Suspects F.G. on Thursday, he has been subjected to an obsession by Legal Medicine. It is reported in the media that the wounds caused by the shocks of sticks have taken the life of the person who had entered to rob in the Shtime.

The paper has contacted Law Medicine Director Edsim Gerjaliu, but he has only confirmed that there has been an obsession, while for his findings he said you can contact the prosecutor. The paper has proven that it will take a stand by the prosecutor of the Sculri Jashar case, but it has not responded.

Presiding and arresting a house for brothers suspected of murdering robbers

The case occurred after F.G., along with another person, had gone to N. I set out to commit the robbery and was noticed by the latter, who had begun to physically clash with him, where he was also wounded with fire at the right foot by one of the robbery suspects who had later managed to leave the house. But, N. Rust and his brother, A. Ndalcej, they had followed him to the main road and after 300 meters they caught him and again fought him. During the clash, according to the Court, the defendants had stabbed him in vital body parts, where they had been hit by F.G. He's dead.

The judge of the Department of Serious Crime's preliminary procedure, Ibrahim Idrizi, the state prosecutor's request for the appointment of the detention measure against suspects N. N., has approved it as a carbon-based provision of Article 187 paragraphs 1 under paragraph 1.2.1 and 1.23 of the KPRK and has been assigned the detention measure for a month, while refusing to apply for the detention measure for defendant A. N, and the same has been assigned house arrest measures for a month.

What do you see Penal Code in these cases?

Kosovo's Penal Code regulates the necessary defence. His 12th article, says the <x0vepra conducted in the necessary defence is not criminal offence”. The 2th paragraph of this article shows that the “needed protection is the protection that is necessary to ward off the illegal, real and immediate attack against itself or the other person on the condition that the character of protection is proportion to the degree of danger posed by the attack”.

According to paragraph 3, however, the disproportion between the attack and countering the attack is considered overstepping the necessary protection limits. “The key, which exceeds the limits of the necessary defence, may be more easily condemned. If the chief exceeds the limits due to the severe shock or fear caused by the attack, he could be released from sentence”, said paragraph 4 of this article.

Ehat Miftari of the Kosovar Institute for Justice (IKD) has told the newspaper that the necessary protection applies in those cases when it is necessary to ward off the illegal, real and critical attack against itself or the other person provided the character of protection is proportion to the degree of danger posed by the attack.

Kosovo's “Penal Codi has determined that the necessary defence is implemented in cases where the designated person is subject to an illegal attack, which the attack must be real. Protection in these cases should be proportional to the attack and the danger posed by the attack. In this direction in cases where there is disproportion between the attack and the countering of the attack is considered overstepping the necessary defence limits”, Miftari said.

Miftari has said that each case is individual and is a duty of the state prosecutor to investigate each case independently and professionally to clarify all the circumstances related to whether the case in question enters into the framework of necessary protection and if it has exceeded the limits of necessary defence.

He has said that in the event of overstepping the necessary defence boundaries, the work then enters the criminal sphere.

According to the Penal Code, Article 172 “Whoever deprives the other person of life is sentenced to no less than five (5) years in prison” respectively.

During the past year, Kosovo police have reported increasing the number of armed robberies.

According to the police report for last year, 297 robberies had occurred, of which 199 were armed.

The cause of these has also been counterresponsive, which has ended with murder. One such case took place in November last year at Pristina's “Veternik”, where Ridvan Beqiri of Ferizaj had left Metom Krasniqi, who had entered his property to commit theft with several others. The police had questioned Beqiri, and then on the order of the state prosecutor has been released and has not been charged with any charges of criminal offence, since it is considered that the work has been done in necessary defense and that the weapon was on leave.