Supreme says the sentences against two policemen charged with harming the state of 168 euros.

Deva and Shala were charged as police official, in April 2018, at the border crossing point at Qafe Prush, had misused their official position by allowing two vehicles with commercial goods to enter Kosovo, even though at that point at the border crossing there had been no customsmen to assess and allow commercial goods to enter.

With their move, according to the prosecution, the two police officials had caused material damage to the state of Kosovo, in many of the 168.25 euros, reports the “Justice Trust”.

On this charge, the Constitutional Court in Gjakova, on October 17, 2019, had convicted the two accused of misusing the official position and had sentenced them to six months in prison. But then, with the consent of the accused, the prison sentence had been replaced by fines of 2,000 euros each.

The Court of Appeals, on February 24, 2020, had rejected complaints of indictees exercised in the first degree of judgment, proving the sentence to the same.

Against first and second-degree judgments, Deva and Shala had applied for protection of legitimacy in the Supreme Court, due to violation of criminal law, substantial violations of criminal procedure provisions and other violations of the penal procedure provisions that have affected the legality of the judicial decision.

The same had proposed to the Supreme, to change the acts of Foundation and Appeals, and to free them from prosecution or to turn the case into retrial.

On the other hand, the Kosovo State Prosecutor's Office, on a letter dated April 23, 2020, had proposed that the convict's demands be refused as groundless.

And after considering the convict's claims, the Supreme Court has concluded that their demands are groundless.

According to the Supreme Court's conviction, no claims submitted on the pleas of convicts that rejected acts have been dealt with by substantial violations of criminal procedure provisions.

This is because, according to the Supreme Court, during the trial review conducted in the first degree court, all relief witnesses have been heard in the request for the hearing of key witnesses is abstract and unconfirmed, since it is not highlighted which concrete witnesses would be relevant to the enlightenment of this criminal case.

The first-instance court's plea has been found that the actual situation has been confirmed based on evidence administered during the trial, and that this case has been made an objective assessment of the testimony of witnesses hearing and material evidence, and has also been specifically justified in protecting the convicts and the fact that their protection had been deemed incredible.”, the Supreme Court's conviction is said.

The Supreme Court's act also notes that in the case of assessing claims pertaining to meeting elements of the criminal image, courts of the lowest institutions in the reasonings of their convictions have argued that in the actions of convicts all specific features of criminal abuse of office or official authority after first having the quality of official persons, had exceeded their competencies and, in order to cause damage to others and in the concrete state budget

“Following the assessment of the Supreme Court of Kosovo's three components required under the legal provision of Article 422 par.1 of KPRC in the concrete case had been met in a quantum way and that was, first, not contradictory even in the view of the courts of lower instigence than convicts had the quality of official”, the Supreme Court Act said.

Otherwise, according to the indictment filed on March 20, 2019, Ismet Deva and Bit Shala are charged that on April 6, 2018, around 20:20, in the quality of official persons, police officials at the border crossing at the Prush Qafe have misused the official task of overcoming their competencies in order to bring illegal benefits to themselves and others.

In the indictment, it is said that the case occurred in a way that the defendants exercised official duty and their authorisation have allowed to enter the territory of the Republic of Kosovo two vehicles loaded with commercial goods, not registered to the SIP system, and that branding vehicle “The Yumper Furgon”, which was run by Muhamet Tahiri, in which he had loaded various kinds of vegetables, fruits and small fidans, as well as the branding vehicle “put the Upq3>, which he used to run with the 40-way boxes of goods from the Republic of Albania, though he had not allowed to enter the market at the market point or enter the border market.

According to the indictment, the Kosovo state has caused material damage to many of the 168.25 euros.

They are charged that in co-ordination they committed criminal work “the misuse of official position or authority” by Article 422 parag.1 concerning KPRK's Article 31.