Appeal removes former Minister Numan Balic's sentence of a year of sexual assault

The Court of Appeals has approved the appeal of defendant Balic's defender, lawyer Salih Macaj, while rejecting the Pec Constitutional Prosecutor's complaint as unbased, reports the “Justice Vow”.

Balic has been charged by the prosecution that by exercising the doctor's duty at Peja Hospital, he misused the condition of the injured for sexual purposes. According to the prosecution, the defendant had initiated the victim to touch with sexual intent without her consent.

He was sentenced to two years in prison by the Constitutional Court in Pec, in which the sentence was calculated even the time spent in house custody and house arrest.

In addition, Baliqi's sentence had been pronounced, the ban on medical training in two years' time.

Under the ruling, provided by “Justice Vow”, the Court of Appeals has made the redecoration of criminal acts, so from criminal acts “Sexual assault” from Article 229 paragraph 3, under paragraph 3.10, point 3.10.2 of the Republic of Kosovo Penal Code in criminal work “The sexual attack” by Article 229 paragraph 1 of the KPRK, for which the work pronounces prison sentences for one year, in which sentence will be counted even the time spent in house arrest and arrest.

According to this decision, however, the rest of the first degree bias remains unchanged, while the Constitutional Prosecutor's complaint in Pec is rejected as unfounded.

The Court of Appeals is said to have assessed that the actual situation in this criminal legal case with the complaint case has been correctly and in full, in terms of criminal acts “Sexual attack” from Article 229 paragraph 1, but not in criminal acts “The sexual attack” by Article 229 paragraphs 3, under paragraph 3.10, KPRK's score 3.10.2, so Court of Appeals' college has done the legal resulsion of the same criminal act, to the same charge.

On the other hand, the reasoning in this decision is said to have the rest of the bias falsely complained.

According to the Court of Appeals, the first-instance court has justly implemented the law has made a merit decision, as all elements of the criminal act have been fulfilled and circumstances that exclude criminal responsibility against the accused do not exist.

Under this decision, Appeals has found that the prosecution's complaints about the sentence -- and after the amendment or rescinding -- of criminal acts that were made by the Apel's college court -- have found that the prosecution's complaints are unbased, because the claims of the same complaint against the first degree of prosecution -- are prior to the resulsion of the college offense of this court.

On the other hand, the Criminal College of this Court, following the legal appointment of criminal acts against the accused, in criminal acts “Sexual assault” by Article 229 paragraph 1 of the KPRK has ascertained and assessed all circumstances that affect the appointment of type and height of sentence.

Under this decision, in view of the conduct of this criminal act, the Court of Appeals has found only grave circumstances, calling to it that the accused Balic is highly educated, the profession as a doctor, his medical experience, and the way of treating patients and parties, the country and the timing, where works have been performed, etc.

According to Appeal, this sentence is proportion to the level of criminal responsibility of the accused, both executed and with the intensity of risk or damage to the protected value, and specifically should be in the function of the general and individual presidentate, and that with the sentence pronounced now, the purpose of prior punishment with the provision of Article 38 of KPRK will be achieved.

By contrast, Numan Balic at the initial review hearing held on October 6, 2020, had stated that he does not feel guilty about the criminal act the Peja Foundation Prosecutor is accusing of, reports “Justice Vowtim”.

At the request of the prosecution and the accused party, on February 10th of this year, criminal judgment against accused Balic was closed to the public.

According to the indictment, filed on September 29, 2020, by Pec's Constitutional Prosecutor, Numan Balic is charged that on August 12, 2020, at the General Hospital in Pec, right in his office, deliberately and in quality of health professionals by misusing victim A's health condition. I, cyst the same to touch her deliberately without her consent, since damaged, on the critical night had been escorting her child to the orthopedic ward to the upstairs hospital.

According to the indictment, while the baby was being treated because of injuries to extremes, the defendant comes along, who in the quality of doctor/stealer, although he doesn't work in that department, goes out as if to visit the victim's baby and then comes out and invites him to be injured to go to his custody office to consult and ring and provide the necessary device.

Wounded, continues the indictment, not knowing him but seeing him in medical uniform, goes behind him and as soon as he approaches the door of the custody office, the defendant takes him to the right hand and puts the victim inside, shuts the door with the key, and shuts the current down, and then supports the damaged one to the wall where he asks her to touch it and tries to kiss him in her neck by saying “need something in her right hand, but the victim leaves, while the defendant grasps it again and grasps it, then reaches out of himself, and then takes the door to the window, and then turns back to the window, and calls the security case.

For these actions, Numan Baliq is being charged with criminal activity “Sexual assault”, from Article 229, paragraph 3, under paragraph 3.10, point 3.10.3, concerning KPRK paragraph 1. /Betimy for Justice