Thirty Years in Prison for Murder Seeks Retrial

Such a request, the two indictees submitted on Friday to the Court of Appeals through their defenders, Myrvete Colak and Kosovar Kelmendi.

And as another option, the accused's lawyers have proposed to Apel to change the act of foundation and protection to be pronounced softer sentences than the Court of the First Scale had pronounced.

The amendment to the Constitutional Act, but with the proposal that those charged increase their sentences, you are also asking for Apel and representative of the damaged party, lawyer Miftar Chellaj.

These complaints by the parties were reviewed Friday by a college of the Court of Appeals, made up of judges Jevdet Abazi, Abdullah Ahmeti and Kreshnik Radoniqi.

Tasim and Nasip Zhuqi are charged with being deprived of life by Nuredin Kastract in 2016 in the Prizren Guakova magistrate.

For this murder, the Constitutional Court in Gjakova, on June 18, 2019, had convicted them of serious murder in co-ordination, Tasim and Nasip Zhuqi.

According to the trial pronounced by the court, led by Judge Nikolle Comani, Tasim Zhuqi was sentenced to 18 years in unique prison, while the other accused was sentenced to 18 years. Nasip Zhuqi had been sentenced to 16 years in prison uniquely.

In connection with this murder, the Constitutional Court in Gjakova, even in March 2018, had convicted Tasim and Nasip Zafiqi so that Tasim Zhuqi had been sentenced to 16 years in unique prison, while Nasip Zhuqi had been sentenced to one year less, respectively, to 15 years in unique prison.

However, the Court of Appeals later turned the subject into retrial and restoration, reasoning that the first degree had committed substantial violations of criminal procedure provisions.

And disappointed even after increasing convictions against those accused in the retrial, the damaged side through lawyer Miftar Celij has complained at the Appeal, which requires that these sentences increase more.

According to the second-degree complaint exercised at the court, the damaged side is claiming that some serious circumstances have not been taken into account in the case of declaring convictions against the accused, circumstances that, according to the injuries, would lead the accused to issue higher sentences.

These circumstances, highlighted in the complaint of the injured party, are the way of committing criminal acts, the fact that the accused had already been driven back by the late Kastrati's car and in the process had caused an accident, risking other participants, then, the next circumstance mentioned is that, according to the injuries, the motive has been very low since revenge has been done.

All these circumstances, according to attorney Cellaj, should have caused convictions to be pronounced against the accused in proportion to criminal acts.

The complaint of the damaged party has also been supported by the Appeals Prosecutor, who through a parachute to the court of second degree, has proposed to the latter to increase the sentences of the accused while refusing their defenders ' complaints.

On the other hand, lawyers of the accused are demanding that this act of Foundation be annulled or the case be retriald once again, or that their clients be convicted of softer acts and therefore their sentences be dropped.

Myrvette Colak, the defender of the accused, Tasim Zhuqi, said her defender should be punished for the crime of murder, not for the serious murder, and for that deed, according to her, then pronounced a milder sentence.

My only request is for legal duties to be carried out, since during the court's establishment the first degree has not carried out that task”, the lawyer said in her address.

The latter even said that a considerable part of the blame for the occasion occurred is the deceased himself, Nuredin Kastrati.

THE late “, the late apology, has committed 80 %s to the murder”, Colaku said.

And the acquittal of the murder and guilty pleas eventually for the criminal offence to the general danger, he proposed to Apel, the defender of Nasip Zhuqi, Kosovo lawyer Kelmendi.

Take a look at the instructions Apel has given him in the decision, Apel has instructed the first degree that in the actions of the accused, there is no murder in co-ordination, but there are elements of criminal acts for everyone apart. In the actions of Nasip Zahunqi, there are no elements of the” assassination, Kelmendi said.

It also contested the evidence given by the damaged side, Blerim Kastrati, who said he has issued four statements on the case, and all are diametrically opposed to each other.

As Kelmendi said, once injured during the first trial, he had said that he had seen Nasip had fired a gun, and he had hit his brother's finger, now the deceased, and after the retrial, she had changed her statement and said she saw him hit him in the head.

Kelmendi said that even the scene, according to police, had been contaminated after some evidence had been removed, while others had been replaced.

“Once again if you don't want to put in meritum, turn it into retrial and release it from detention”, Kelmendi said.

Otherwise, Tasim and Nasip Zhuqi are charged that on March 26, 2016, about 4: 00 p.m., in the Prizren-Gjakovi magistrate, the late Nuredin Kastrati's life has already been deprived in interactions.

With this move, in the indictment that attorney Ali Uka compiled, the same are charged with criminal acts “the apparent assassination “by Article 179 of the Republic of Kosovo Penal Code (KPRK).

Meanwhile, the accused by means of the means by which they committed the crime of murder was also charged with committing criminal acts “possession, control or unauthorized possession of weapons” by Article 374 of KPRK.