Prizren: The man killed his wife with 15 bullets, eased his sentence from life imprisonment to 25 years

According to Apel's decision, the college headed by Judge Aferdita Bytyci has been changed in the Constitutional Court Act in Prizren PKR.nr.13/20 of the date 01.10.2021, due to the verdict on the sentence, so that for criminal acts the 179 par.1.1.3 of KPR and ownership, control or possession of arms authorised by Article 366 par. The KPRK, for which Bajram Velija has been convicted, is pronounced a unique prison sentence of 25 years, in which the sentence is counted last time in custody from 06.08.2019 onward.

Against the Constitutional Court's act in Prizren, the defender had filed a complaint, attorney Orhan Rekathatti of Prizren, due to violation of criminal law, essential violations of criminal procedure provisions, mistaken and incomplete confirmation of the actual situation, and the verdict on the sentence, with proposals for the bias to be changed in terms of criminal sanctions, so that the accused can be pronounced a milder prison sentence.

The Kosovo Court of Appeals, at the college session, after announcing all sides, after reviewing all papers of the case, following the study of the court's complaint in accordance with the provision of Article 394 of KPRK and after praising the alleged claims in complaint found the defender's complaint is partly based and only on the verdict on the penalty.

The Kosovo Appeals Court in its hearing found it based on the complaint claims of defendant Bajram Velija that the pronounced sentence is severe and not proportional to the social risk of criminal acts and that there has been no legal basis for insulating the life sentence.

“The Court of Appeals found it to be based on the defender's complaining claims that there is room for the pronunciation of the milder sentence than the sentences pronounced because, in concrete cases, the legal conditions before them have been literally met by Article 41 of the Republic of Kosovo Penal Code”, the decision said.

According to the Appeals Court's assessment, the defender's complaints are based on, because, despite the court's conclusion of the first degree, that the extenuating circumstances have not, in this penal-juridic case, found even the extenuating circumstances that the court of the first degree has not taken into account, then, when it comes to the difficult circumstances, except that some of those that the first instance court, considered to be a rectating circumstances, have to do with the elements of the criminal work that the accused has been pronounced, some other circumstances that are difficult by the courts, in fact, rather difficult to the circumstances.

According to Appeal, the behaviour of the accused after committing a criminal offense, when the same one takes a headscarf from the victim and covers the corpse, the subtle-deed manner of carrying out the criminal act, the fact that the accused after the murder has waited for the police to come and informed his family and that the fact that he at the time of the murder has appeared a square black one wanting to eliminate the will was wrongly taken as a sequence of circumstances and that in fact should be considered a extenuating circumstance.

Also, the fact that accused Bajram Velija is the father of 3 children, of relatively old age, of his repentance, of apologizing to the late girls, but also of public forgiveness, as well as the fact that he was not previously condemned and his behavior has been extenuating circumstances.

For this reason, the Court of Appeals estimated that the sentence pronounced on the accused to life in prison is severe and is not in line with the burdensome circumstances filed and assessed by the court of the first degree, then, the extenuating circumstances filed with the defender's complaint, which are also acceptable to the court, and especially, with the circumstances now outlined by the Court of Appeals, but not with provisions of Article 41. One under the front. 1 of KPRK, where the terms specifically are laid out to pronounce life sentence.

Therefore, this court ruled that with the approval of the defender's complaint to change the complaint and the accused's sentence to two years in prison with conviction that the sentence pronounced now is in proportion even to the level of criminal responsibility of the accused, then, of the social danger of criminal acts, and that this sentence should be in service of the general and especially special presidentate, strengthening the morality of society, responsibility and discipline of citizens, and considers that the sentence pronounced will be reached at the whole goal of the sentence.

Otherwise, according to Prizren's Constitutional Prosecutor's Act, compiled on 28 February 2020, Bajram Velija is charged that on August 6, 2019, in the neighbourhood of “New Life” in Prizren, he deliberately deprived his family-wife, A.A.

According to the indictment, after a preliminary disagreement with the victim, the moment the victim was leaving their home, the defendant is equipped with a pistol and fired 15 times toward his wife, striking him 14 times in different parts of the body.

After carrying out this action, the defendant covers his wife in a dress and awaits the arrival of the police.

Bajram Velija is accused of committing the crime of serious murder, which is sentenced to no less than ten (10) years in prison or to life imprisonment

According to the second point of the indictment, it is said that by August 6, 2020, the defendant holds in ownership and control of the type pistol “Pytro Beretta Gardone”, several caricators and bullets, contrary to the applicable Law regarding weapons, with which the prosecutor suspect the criminal act of the serious murder has been committed.

With these actions, the accused has, according to the indictment, committed the criminal act of ownership, control, or unauthorized possession of weapons for which the penalty of up to seven thousand and five hundred (75) was envisioned. Euro or prison for five years (5)

Otherwise, defendant Velija has been in custody since August 6th, 2019. /Betimi justice