Corruption criminal proceedings against Ilir Tollaj are stopped

The indictment against him was established in 2012 under suspicion of corruption, but that the criminal procedure was fired on January 12, 2022.

According to the Penal Code of the Republic of Kosovo (KPRK), the criminal act to which Tolaj was charged, “The use of official position or authority” from Article 422, paragraph 1, is punishable by imprisonment of between 6 months and five years.

KPRK in Article 106, paragraph 1, point 1.4 stipulates that “in addition to expressing otherwise with this code, prosecution cannot be taken if five (5) years have passed by the carrying out of criminal work punishable by more than three (3) 11x1> and in Article 107, 8 stipulates that “criminal prosecution is prohibited in any case when the prefix “deadline has passed. And since in the concrete case, conforming the higher provisions, the absolute prescription of the prosecution for this work was achieved in early January of 2022, reports “Justice Vow”.

Tolaj was accused by the prosecution of serving as a permanent secretary in MSh from 2006 until 2008, and October 2010 to January 12, 2012, as well as from April until October 2010, when he had worked as adviser to former MS Minister Bujar Bukoshi, had led a campaign to hurt “Jona Med”.

Although the first-degree court has managed that after the return of the case to the retrial, for two points of the prosecution, at the end of 2021, to declare the case, the same has failed to become of the formal form due to the arrival of the prescription deadline.

The Constitutional Court in Pristina, on December 22nd, 2021, has declared a free trial for a score of 1.7 against Tolaj.

While this court has declared a rejection of the 1.9 point where it was accused of corruption, Tolaj, Hajrullah Feyza, Bekim Field and Zenel Red, after reaching the absolute prescription of prosecution on 30 April 2021.

At c. 1.7 of the indictment had been the MSH official, Arbenita Pajaziti, but that the prosecutor of the case Fikrije Feyzullahu, on November 8, 2021, had made the precision of the indictment by disinsiting it.

In the reasoning of the first-instance release act, provided by “Justice Vow”, it is said that it has not been proven that Tolaj is responsible for the criminal offense.

The trial did not find sufficient evidence to prove that by the actions of the accused Tolaj, Jonah Med has been harmed. Events and processes that have included the company “Jonah Med” cannot be considered the result of any campaign against this company. The court has failed to verify the involvement of the accused Tolaj in these events, to such degrees that would amount to overstep the regular exercise of his duties and competencies”, it is said in the indictment.

Under that ruling, the court has pardoned Tolaj's confidence in the defence granted in the court's review on December 21, 2021, as the same is based on material evidence as well as witness statements.

What is essential according to the court is the fact that the device of the changed indictment is not specified whether any damaged party exists, damage, height, and whether these actions have resulted in wealth benefits, and that it has not been proved even during the trial.

“E this for more during this trial was proved that the three damaged sides were declared not seeking compensation in connection with this criminal case”, the indictment said.

At the end of the trial it is said that the court has found that in Tolaj's actions, elements of the criminal act of abuse of office or official authority are not shaped.

This because, according to the court, has not proven that there has been an intention for the same to benefit for himself or the other person or to cause harm to the other person or to seriously violate the rights of the other person who are the essential elements of this criminal establishment, so the accused acquitted him of taking the case”, concludes the indictment.

Otherwise, this case began to be tried by 2012.