Appeal confirms Sami Lushtak's two thousand-euro fine sentence for attorney Gazmend Halilaj's row

In the ruling, secured by “Justice Vow”, it is said that this court has rejected Lushtak's defense complaint as unequipped.

Under the ruling, the first degree bias is not included with violations of criminal procedure provisions, which condition the breach of the indictment.

This court has also estimated that no criminal law was violated at the expense of the accused.

Even the actual situation has not been the subject of this court's assessment, that by complaint it cannot be contested in the sense of Article 283, par.2 of the KPPRK, since the accused in the initial review of the October 28, 2020, has pleaded guilty, and the chairman of the court has approved the guilty's plea, therefore, the court's sentence only assessed in the direction of the complaint with the verdict on the”, the Apel decision is said.

The appeal further says it is a fact that the first-instance court has not dealt with the situation, which refers to a complaint against the injured, to the social network “respectively. ) Facebook”- “The accused misused 1.4 million marks, in wartime”.

However, the college estimates that even in this circumstance's view, given the other circumstances that have been assessed in the punitive bias, especially the degree of criminal responsibility, the way and circumstances in which criminal acts were committed, there is no excuse for a milder” sentence, says the second degree ruling.

In addition, the stated sentence is said to be in fair proportion to the concrete weight of criminal acts, intensity of risking the protected value, circumstances of carrying out, the accused's economic situation, and that it is in the function of preventing the chief from committing criminal acts in the future.

“As well as preventing other persons from committing criminal acts, with which sentence will be reached the purpose of the prior sentence at Article 38 of KPRK.”, concludes the Apel decision, provided by “Justice Voctium”.

Sami Lushtaku was convicted of the Constitutional Court in Pristina on October 29, 2020, and was sentenced to 2 thousand euros in fines for the row of lawyer Gazmend Halilaj.

The prosecution against Skywright's former leader was announced after the same, in the initial review held on October 28, 2020, had pleaded guilty.

Otherwise, Ibrahim Lushtaku and Jalal Zeqiri, who is still continuing in the judicial process, are accused of the case. This, after initial consideration, had pleaded guilty to illegal possession of weapons but not to the criminal offense of the attempted assassination. Lushtaku was also found innocent of the criminal act of annihilation and damage to property.

Sami Lushtaku was charged with having written the damage to Gazmend Halilaj on the social network “Facebook”, dated April 11, 2020, which claimed Sami Lushtaku stood behind the misuse of 1.4 million marks during the war, he had called Halilaj on the phone and demanded that he remove those writings, insulting him and deliberately threatened him with the words “you are that I did not come up with a lanoux3>, with screats causing fear and anxiety.

With that, Sami Lushtaku was accused of committing criminal work “calving” by Article 181, paragraph 2 of the Penal Code.

For this crime, the initial penalty is fined or in prison for up to a year.

In accordance with the indictment, since attorney Gazmend Halilaj had written a text on the social network “Facebook” on April 11, 2020, against Sami Lushtaku, his cousin Ibrahim Lushtaku, with the aim of revenge and co-ordination with the accused Zeqiri, on April 14, 2020, had caught Halilaj.

It says that once they saw Halilaj, accused Ibrahim Lushtaku in order to deprive him of life he had hit the injured Halilaj car hard, so that at this point Halilaj was out of the car and had begun to leave. According to the indictment, even the accused Lushtaku and Zeqiri had then stepped out of the car and fired guns towards Halilaj, but had failed to strike him.

With these actions, the prosecution accuses Ibrahim Lushtaku and Xhelal Zeqiri of committing the criminal offence of the attempted serious murder.

Because it had caused damage at 2700 euros to the injured Halilaj car, Ibrahim Lushtaku is also accused of criminal offence or damage to property.

Similarly, Ibrahim Lushtaku and Xhelal Zeqiri are charged also that, contrary to the law on arms, they have carried weapons without permission. Lushtaku is accused of holding a “type gun without permission Echo”, and Zeqiri a weapon called “Cervena Zastava”.

With this, both are charged with criminal work “holding ownership, control or unauthorized possession of weapons”.