Appeal rejects corruption charge against infection tolaj

The Kosovo Appeals Court on January 26th 2022 has issued a rejection of even the last remaining corruption indictment point against former Health Ministry Permanent Secretary Ilir Tolaj.

This, after according to Appeals on January 12th of this year, has reached the absolute prescription of prosecution against Tolaj for criminal work “the misuse of official position or authority”, by Article 422 pars. KPRK.

“With the case of the Special Prosecutor of the Republic of Kosovo's complaint, and acting on official duty, is partially amended the Constitutional Court's act in Pristina-Pristina -- the Department for Criminal Crimes, so that the charge is rejected by the 1st part of the pleas filed against accused Ilir Tolaj because of the passage of the absolute prescription of prosecution”, the court ruling said.

Tolaj was accused by the prosecution of serving as a permanent secretary in MSh from 2006 until 2008, and October 2010 to January 12th 2012, as well as from April to October 2010 when he had worked as adviser to former MS Minister Bujar Bukoshi, had led a campaign to hurt “Jona Med”, reports <x2Bendering for Justice”.

Unlike December 22nd, 2021, the Constitutional Court in Pristina had declared a free trial of Tolaj for a score of 1.7, and a refusal to judge Tollaj, Bekim Fusha, Hajrullah Feyza and Zenel Red, due to the arrival of the absolute prescription of prosecution.

Within the legal deadline, the prosecution had exercised the Special Prosecutor of the Republic of Kosovo(PSRK) against the essential violations of the criminal procedure's provisions, wrong and incomplete confirmation of the actual situation and violation of criminal law, with proposals to amend the bias because the subject was close to prescription.

While the Appeals Prosecutor's pre-emptive of January 12th, 2022, has proposed that it be approved as based on the SPRK's complaint, and the court will be changed by that vigilante to that penalty.

The decision of the Court of Appeals, provided by “Justice Voctuation” says that the court by praising the complaint bias has found that for this point of complaint act it has reached the prescription of prosecution, so according to the same one you have to issue a refusal bias.

“According to the description of the actual situation at point 1 of the complaining act that Tolaj is accused of continuing to misuse official office in the period of June 01th 2006 until March 10, 2008, and again from October 2010 to January 12, 2012. So, according to the indictment, the last action is January 12, 2012”, it says in Apel's decision.

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 which according to Appeals in the concrete case from January 12, 2012, as the date of Tolaj's last action until the release date of this act has been more than ten years, according to Apel, implies that it has passed twice the period of prescription.

“More precisely on January 12th, 2022, has reached the absolute prescription of prosecution for this offense. So it also needs to stop every further action in the direction of prosecution”, the Apel Act says.

While the second point of the foundation act with which he had rejected the charge against Ilir Tolaj, Hajrullah Feyza, Bekim Field and Zenel Red, due to the absolute prescription of prosecution, the Court of Appeals has assessed him as right and legitimate.

Unlike the arrival of the prescription deadline for Tolaj “Justice Trust” has reported on January 15th, 2022. / Benial of Justice