Appeal lowers the sentence for eight months to ex-Deputees Haxhi Shala of Ismajl Kurteshi in case of tear gas

The verdict, provided by “Justice Vow”, says that the Court of Appeals has changed the court's act of first degree only in prison sentences.

According to Apel's decision, Shala and Kurteshi are pronounced a four-month prison sentence, which will not be executed unless the same is committed by another criminal act within a 1 year's verifiable period.

The Constitutional Court in Pristina, on December 31, 2021, had convicted ex-Deputers Shala and Kurteshi, condemning them to one year in prison on bail (any single and single), which sentence could not be executed unless within the same period of 2 years, they performed no other criminal work.

Against this act, the complaint had been exercised by the defender of accused Kurteshi lawyer Teuta Zinnipotoku and the defender of accused Shala lawyer Naser Soopyan because of essential violations of criminal procedure provisions, violation of criminal law, error and incomplete proof of the actual situation.

Lawyer Zinnipotok had proposed to Apel that the court's act of first degree be changed so that its defender be acquitted of the prosecution or case return to restoration.

Lawyer Sopjan had also proposed that his defense be acquitted of the prosecution.

The Appeals prosecutor had proposed that Zinnipotok and Soopyan's complaints be refused as unconfirmed, while the complaining act is proven.

However, Appeals has estimated that the defenders' complaints of a milder sentence are partly based.

The ruling says that the first instance court, with the case of measuring the type and height of the sentence, has failed to assess all extenuating and cohesive conform circumstances under KPRK 69-70.

Therefore, in view of the agreed and assessed circumstances on the part of the first degree court, it turns out that this court has room for the pronunciation of a milder sentence, as in the device of this act, with the conviction that the sentence is now in line with the intensity of the social risk of committed criminal act”, it is said in Apel's decision.

The ruling also states that, under the assessment of Appeals, the rejected court does not contain substantial violations of criminal procedure provisions, be they alleged in complaint or be they of the second degree court.

According to Appeals, the act of first degree is clear, and it clearly describes the incriminating actions of the accused - actions that present the characteristics of the criminal acts for which they have been convicted.

In addition, this ruling states that the College of the Court of Appeals has assessed the defenders ' claims because of violations of criminal law are groundless, since according to Apelit, the first - degree act of judgment is quite clear and just, it has decided without contradiction to itself and the facts spoken in reasoning.

As far as the actual state of Apel has found and proved that it is correctly and completely confirmed by the first-degree court.

Otherwise, this case has been tried at the Randa Crime Department, but now the subject is passed for trial at the General Department, to Judge Erroll Gashi.

While, in terms of criminal work “The participation of the official person during the performance of official tasks” has been reached, the prescription has therefore been denied indictment for point 2 and 3, carbon Article 363, par.1, subpar.1.3 of the Criminal Procedure Code.

According to the indictment exercised on January 8, 2016, Ismajl Kurteshi and Haxhi Shala are charged with dropping tear gas on November 30, 2015, at the Plenare Session Hall in the Assembly of the Republic of Kosovo in Pristina, with the goal of cutting off session work, which they owned without authorization.

According to the indictment, while the speaker of Parliament was informing MPs on the agenda, accused Kurteshi and Shala had activated tear gas.

For these actions, Ismajl Kurteshi and Haxhi Shala were accused of committing criminal work “the use of weapons or dangerous tools” by Article 375, par.1 of KPRK.

Kurteshi and Shala were also accused of obstructing official persons in performing official duties, members of police and MPs of the Kosovo Republic of Kosovo Assembly respectively.

One such thing, Haxhi Shala was accused of doing it in the quality of the MP from the Initiative's ranks for Kosovo, so that several other MPs have tried to afford to join MP Albin Kurti in police members of Kosovo, as well as dropped tear gas, unable to hold the plenary session.

Kurteshi, on the other hand, was accused of throwing tear gas into the House Hall at the November 30th 2015 session, unable to keep the session.

For these actions, Kurteshi and Shala were also accused of criminal activity “Peging the official person in performing official duties” by Article 409, par.1 concerning Article 81 of the Penal Code.