False “

Such an interpretation, the Supreme Court of Kosovo, has given in September 2020, in the case of convict Albert Krasniqi, who was accused by the Peja Prosecutor of gaining pension in the name of veteran through counterfeit documents amounting to 3,740 euros.

For this charge, Krasniqi was tried by the Constitutional Court in Pec to six months in prison, where, by his consent, that sentence had been replaced by 1,200 euros in fines.

He was pronounced a supplementary sentence for the same to compensate for the damage to the Ministry of Labour and Social Management (MPMS), in many of the 3.740 euros.

This ruling was confirmed by the Court of Appeals in April this year, rejecting the defendant's defense complaint as groundless.

However, on claiming that the Court of Pec and Appeals had committed procedural violations and violation of material law, defendant Krasniqi through his defender has filed a request for the protection of legitimacy at the Supreme Court.

Under defence, fair courts have committed violations of criminal law when it was imposed on the convicted to return the 3740-euro amount taken in the name of pensions, with no demand for compensation damaged by the Labour and Social Management Ministry.

But such a defence claim, as unfounded, has been rejected by the Supreme Court of Kosovo.

According to the Supreme Court, the first degree court has acted justly when it has pronounced the supplementary sentence “ordered for compensation of damage”, against the convicts Krasniqi, since according to the Supreme Authority the pronunciation of such punishment is a must for the court in cases when it finds that material damage has been caused as a result of criminal crime, even without the request from the damaged side.

“According to the assessment of the Supreme Court of Kosovo, the court of the right has acted when it has pronounced the supplementary sentence, the order to compensate for the previous loss or damage with Article 64.1 of the KKP, because when the court condemns the person who has been convicted of any criminal offense involving theft, loss, loss or destruction of property, the court will order the head to pay the compensation to the victim of the criminal act. In the concrete case, the court is not related to the property-juridic demand on the part of the injured because the pronunciation of the complementary punishment is a concurrent article 62 of the KKP. So the court has pronounced this complementary sentence taking into account that MPMS is a damaged party and that, according to Article 62 and 64 of the KKP, it has been able to pronounce such a supplementary sentence without the UN-juridic property requirement presented on the part of the injured”, it is said in the Supreme Court's reasoning.

Otherwise, this judicial ruling confirms the IKD recommendations it had given to the justice system in dealing with the cases of false <x0veterians”.

Kosovo's Institute for Justice(IKD), in September 2019, after analyzing the court cases and the state prosecutor's acts linked to veterans' cases has published the analytical report with the title” “Justice “amniston” The fake veterans undermine the budget of the Republic of Kosovo: Analysis of indictments, court processes and judgments in cases of false “terians”, reports “Justice Vow”.

The IKD had found that the justice system had “installed”, false veterans after not forcing defendants to return illegal pensions received in the name of a warrior veteran.

As a result, the IKD has recommended that, in order to protect the budget in dealing with these cases, the State Prosecutor makes proposals for the pronunciation of supplementary sentences for compensation of damage caused by the illegal benefits of “fraudists from the Republic of Kosovo budget, and that the courts of the Republic of Kosovo, even in the absence of a proposal by the State Prosecutor, have legal competence under the official order to issue complementary sentences.