“Fondi 3%”, Apeli says the proclamation of the act of prejudice against Naser Osman and Gashi did not take place under the indictment

The “Justice Vow” has secured Apel's decision to take on July 13th 2021, where it says the Pristina Constitutional Court's plea was not made under the indictment filed against Naser Osman and Atre Gashi.

“As seen under the indictment, the two accused have been charged with criminal abuse by Article 257 pars. 3 connected to par. 1 related to Article 31 of the KPRK, while in the declaration of the same conviction, they have been convicted of criminal abuse by Article 257 pars. Three and one. 1 of the KPRK, which means that the judgment declaration was not committed under the indictment filed against the same indictees because KPRK's Article 31 is not included.”, said the Appeals ruling.

According to the second-instance court, the act of first degree is involved with essential violations.

The Court of Appeals' penal codlegment estimates that the complaint shall be annulled, and this criminal case must be returned to the court of the first degree in the retrial and verdict, since the act of prejudice in question is involved with essential violations of the penal procedure provisions, because the court must analyse any evidence separately, including their overallity and accuracy of the evidence against”, it is said in Appel's decision, adding that the procedure is unclear in the case of the judgment contains significant shortcomings.

Under the ruling, provided by “Justice Vow”, the Foundation has failed to fully and thoroughly evaluate all the facts that are important to draw correct conclusions about crucial facts and then make a fair decision on this matter.

On the other hand, Apel has found that the first-instance court has not correctly defined the actions of the two accused, and that the decision is based on the expertise of Detective Bujar Corrrolli's sergeant, but that the same one was not found as a financial expert in the panel of experts appointed by the tribunal, if he was financial expert from the investigation unit at the Department of Economic Crimes Investigation. For the latter, Appeals says it is possible or possible to be involved in random, direct or indirect investigations, which the expert's legal provisions must be determined by the ranks of financial experts registered in the registry of relevant courts, defined by the court or licensed by the competent Kosovo bodies.

“Colegy of the Court of Appeals to eliminate these dilemmas suggests that a group of specific experts should be appointed and licensed by the tribunal or the relevant body by taking over all the presented stem documents presented by the organisation O JQ, UFORK, to prove the financial situation from 2006-2015, but not by serving in advance with partial documentation from previous experts, and to find and prove that the tools drawn from the organisation's accounts U n KFORK, in what form and from whom the same tools are spent, as well as their finding and channeling”, is said to be the decision provided by “Justice Trust”.

Finally, the Court of Appeals has proposed to the Foundation that in the retrial it appoints judicial examination, to avoid alleged violations and shortcomings in the decision.

Otherwise, in November 2020 Osmani and Gashi had been found guilty of criminal abuse, for which they had been sentenced to 3 years in prison, reports the “Justice Vow”.

The incident against Bujar Bukoshi, Naser Osman and Atta Gashi was established on April 28th 2017, on the part of the Special Prosecutor of the Republic of Kosovo, reports “Justice Vow”.

Similarly, this subject had been put to work by Judge Albina Shabani Rama, who had held the initial review of Naser Osman and Atbani Gashi on May 23, 2018.

In this same session, Judge Shaban-Rama had decided to isolate the criminal procedure against Bujar Bukoshi, arguing that he was sick and could not appear in this initial investigation.

Then, on October 26, 2018, Judge Shaban-Rama had also held the second review of indictees Osman and Gashi, who had submitted objections to the evidence and applied for the drop of the indictment.

However, Judge Shaban-Rama, on December 3, 2018, had made a decision to reject requests for dropping the charge and rejecting evidence.

In this regard, accused Osmani and Gashi had filed complaints to this ruling at the Court of Appeals, which on January 17th, 2019, had rejected these complaints, confirming the indictment in question.

While, on January 18, 2019, this subject was assigned to the General Department judge at the Constitutional Court in Pristina, Media Bytyci, and on March 13th of this year, this subject from Appeal had been returned to the office of this court.

Otherwise, the SPRK had filed charges against accused Bujar Bukoshi because of the criminal act “Using”, from Article 257 par.2 related to par.1 of KKP and criminal acts “Avoid tax tax”, from Article 249 par.2 related to par.1 of the KKP, against accused Bujar Bukoshi, Naser Osman and Father Gashi because of the criminal act “Using”, from Article 257 par.3 related to par.1 of the KKP, related to KPK's par.31, against Naser Osmani because of the criminal act “Avoid taxes”, from Article 249 par.1 of the KKP and against accused Father and Gashi due to criminal acts “Avoid tax tax”, from Article 249 par.1 of KKP.

According to the Special Prosecutor of the Republic of Kosovo, Bujar Bukoshi is charged that during the 2008-2015 period, in order to bring himself or the other illegal property benefits, he has acquired the violent wealth of other people, which has been entrusted to him, so that citizens of the Republic of Kosovo, employed outside Kosovo, have contributed monetary means to the 3% fund, seeing the need to help Kosovo, which at that time was in very difficult economic conditions, each being granted donations according to its own potential from 3% to 10%, these have recently been transferred to the van <F0). Kosova” in Pristina, in NLB, has withdrawn 90,380,000 euros in cash (which with no evidence) with any evidence has argued for what purpose it has exploited, with this damage to the 3% Fund's budget, and at the same time, Kosovo's fellow countrymen, in many of the 90,830,00 euros, as well as the 3,500 euros paid for tickets, Ing Steiner Gashi, on August 26,19, which is unknown but not known who the UFOR is not a worker.

With these actions, the prosecution charges accused Bujar Bukoshi that he has committed criminal work “Extinction”, from Article 257 par.2 concerning Kosovo's old Penal Code par.1, as the most favourable law.

At issue, the Special Prosecutor of the Republic of Kosovo charges accused Bujar Bukoshi, Naser Osmani and Atka Gashi that during the 2006-2015 period, in co-ordination with each other, with the aim of bringing its own or other illegal property benefits, they have adopted the active wealth of other people, who have been entrusted with each of them, so that citizens of the Republic of Kosovo, employed outside Kosovo, contributed monetary means to the 3% fund, seeing the need to help Kosovo, which at that time was very difficult to grant each of its own potential to the last 10% of the NGO, UKHKFFFF, which many of the euro (KSKS), argued that no one has yet undertaken with the budget, or much of the pros, or more, or more, or more, or more, than 1547, the latter, with the latter, were able to carry out of the government's of the necessary budget, and many of the latter, and many of the latters. UFORK, of once the countrymen of the Republic of Kosovo, in many of the 154,132,47 euros.

With these actions, the prosecution charges accused Bujar Bukoshi, Naser Osman and Atre Gashi that in co-ordination they have committed criminal work “Extinction”, from Article 257 par.2 concerning Kosovo's old Penal Code par.1, as the most favourable law regarding KPRK Article 31.

In the third device of the indictment, Bujar Bukoshi is charged with being charged that in the time period since 2008-2015, in the quality of the person responsible, Chairman of the Board of “U n KFORK” and as employed there, with the aim of partially or entirely avoiding the payment of taxes, tariffs or other contributions required by law, has not included the data concerning his income acquired through transactions, on behalf of salaries which he has been obliged to declare in the Kosovo Tax Administration, and the amount of avoidance from the accused is 39,932,04 euros.

With these actions, the prosecution charges accused Bujar Bukoshi that he has committed criminal work “Avoiding taxation”, from Article 249 par.2 related to par.1 of the Old Penal Code, as the most favourable law (KPK).

On the fourth device, Naser Osmani is accused of being the 2008-2013 working person quality in “U n FORK”, with the aim of partially or entirely avoidance, paying taxes, tariffs or other contributions required by law, has not included the data regarding his income acquired through transactions, on behalf of salaries and other revenues, which have been obliged to declare these revenues in ATK, as a result has been damaged the ATK budget of the Republic of Kosovo, with 3510 euros.

With these actions, the prosecution charges accused Naser Osmani to have committed criminal work “Avoid taxation”, from Article 249 par.1 of the Old Penal Code, as the most favourable law (KPK).

The Special Prosecutor of the Republic of Kosovo charges accused Father and Gashi that in the time period since 2008-2013, the quality of the person employed in “U n KFOR”, with the aim of partially or entirely avoiding the payment of taxes, tariffs or other contributions required by law, has not included the data concerning his income acquired through transactions, on behalf of salaries, and other revenues, the same has been obliged to declare these revenues in the Kosovo Tax Administration, the amount of avoidance from the accused is 2667 euros.

With these actions, the prosecution charges accused Father and Gashi with committing criminal work “Avoid taxation”, from Article 249 par.1 of the Old Penal Code, as the most favourable law (KPK).

Similarly, the Special Prosecutor of the Republic of Kosovo, Father and Demaj, had handed over to the court on November 30, 2017, through which he had completed and clarified the indictment set up on April 28, 2017.

According to this parachute, the device below point II of the indictment has already been completed, so accused Bujar Bukoshi-head of the UFORK Board, headquartered in Pristina, Naser Osmani, in the quality of NGO board member “U n KFORK” in Pristina, and Father and Gashi in the quality of the NGO cashier “U n FORK” in Pristina, consistently, during the 2006 to 2015 period, in co-ordination, with the aim of bringing itself or other illegal property benefits, have absorbed the violent wealth of other persons entrusted to them, citizens of the Republic of Kosovo and other countries, contributors to the world fund founded for financing the structures of the Government of Kosovo in Exal, these 3% of their monthly personal incomes, and which have been transferred to the shoot of <4x> U n KFORK”, Bank “BPB” in Pristina, so that they have attracted the sum of 154, 132,47 euros in cash, have neither reasoned nor testified to the purpose of attracting that amount, assessment and consisting that proved with expertise of April 21, 2017.

With these actions, the prosecution charges the accused that, in co-ordination, they committed criminal work “Extinction”, from Article 257 par.3 related to par.1 of the Republic of Kosovo's Current Penal Code.

Note: The individuals mentioned in this article are considered innocent unless the court finds them guilty with decision of form.