The Court of Appeal sentences Gani Gecin to three years and six months in prison for the murder of Ruzhdi Shaqiri

According to the trial declared on June 4th 2021, by the Constitutional Court in Mitrovica, Geci was sentenced to 3 years in prison for murder committed in a state of severe mental shock, while to 10 months in detention for illegal weapons. To him, the unique sentence of 3 years and 6 months in effective prison was pronounced, reports “The Justice Act”.

Against this act, complaints at the Court of Appeals had been filed by the Constitutional Prosecution in Mitrovica, the representative of the damaged party Sokol Dobruna, and accused Gani Geci with his lawyer Ndec Dodaj.

The Constitutional Prosecutor in Mitrovica had proposed that the substance be turned into retrial or changed in terms of point 1, on the other hand, the accused Geci and his lawyer, Dodaj, have proposed that Geci be released from criminal crime and murder.

The Court of Appeals on September 29th 2022, had rejected the sides' complaints and confirmed the first degree act of judgment.

“The Court of Appeals, analysed the suit of complaint along with the subject documents, praised the complaint claims, and, under official duty, found that the complaint act was not included with the substantial violations of the criminal procedure provisions envisioned in the provision of Article 384 par.1 points 1.12 related to the 370 KPK article, or other violations which had been conditioned to annul the sentence of the sentence (4)1>, in the Apel decision.

In the ruling, the Court of Appeals has reportedly found the prosecution's claims uninflicted that the defendant's actions were unproportionate with the degree of perceived risk.

“The Court of Appeals found unequipped the prosecution's complaint that the defendant's actions were disapproving to the degree of the perceived danger that he was going through the victim's actions, which would produce to the defendant the serious mental state, that the prosecution, apart from their conviction that he has considered such a situation, does not point to which evidence this is being proved, says the verdict.

Likewise, Apel has found both the indictment's complaint and his defender's complaint unfounded that, in concrete cases, we are dealing with a necessary extinguishable or idolatrous defense.

“Although it is a fact that we do not have a classic attack on the part of the victim as envisioned by the 12th KPC article, but given the accused's past before and after the war, his wound, political alignment, co-operation with structures and his contribution to the surface of the Blace case, then the provocation of the victim results in the threat of life after raising the victim from the chair and placing his right hand at” is said further in the decision.

According to this ruling, the court of the first instance has assessed the circumstances that affect the appointment of type and height of punishment, while from the circumstances claimed by the defense, except those that the deceased left his wife with children, who do not present any new circumstances after declaring the complaint, and as such, it is not of the nature that would condemn another sentence by the court of the first degree.

“Other potentially critical circumstances are those that are inflated in the criminal work itself and as such cannot be valued as the serious circumstances, while those in which the defender is called, and the accused himself, have been the object of the court's assessment of the first degree in which as a result of the court's extensive circumstances, and he has pronounced the penalty for this criminal act, so these circumstances under the court's assessment give sufficient grounds to argue by the court of punishment as the first degree in the indictment act of complaint, as stated further.

Otherwise, the Constitutional Court in Mitrovica, on June 3, 2016, had sentenced Gani Gecin to 4 years and 6 months in prison for the murder of Ruzhdzi Shaqiri.

Geci had admitted to committing this murder, saying that he had committed it in self - defense after claiming that he was in danger of being killed.

After complaints exercised in the second degree, the Court of Appeals on September 26, 2017, had annulled the court's act of first - degree judgment and turned the subject into retrial.

In the act of Appeals, provided by “Justice Vow fight”, it was said that the first degree court has not approved the mention of criminal acts under the amended indictment in “the serious assassination”, since it was not clear which criminal act it has declared guilty.

According to the ruling, by the legal appointment of the criminal act according to the device of the indictment, it turns out that the accused has been found guilty of the criminal offence of “murder”, while by describing incriminating actions, respectively, facts and circumstances that constitute the criminal work figure turns out that the accused has acted in a state of severe mental shock, countering those that, according to the second degree, make the law device unintellable.

These contradictions and vagueities are so pronounced in the judgment that they make it unclear, confused and judicially unstable and that they present essential violations of the penal procedure provisions, which provide grounds for annulment of the court, because they are of absolute nature and cannot be averted in this procedure, because they make it impossible to assess the legality of the bias in words”, it was said in the Act of Appeal.

Meanwhile, with this decision, the complaints of the injured Halime Shaqiri and its authorised representative, lawyer Sokol Dobgurina, Apel, had been named as non-launch.

According to the indictment, Gani Geci had killed Ruzhdzi Shaqiri in the <x0 victory. NQosh”, in the center of Scytheright, on August 4, 2014.