Appeal confirms the indictment of Milaim Zeka

In the ruling, provided by “Justice Vow”, it is said that the complaint of the defender of the accused Zeka, attorney Florent Latifaj, is denied as unfounded.

The Pristina foundation prosecutor charges Zeka that without authorization she has secretly recorded the damaged B.D. in the restaurant “The village of” in Pristina, until it had asked him not to mention her son in his writings or anywhere else. But then, the accuser is said to have surpassed that recording to third persons.

The Constitutional Court in Pristina, with the ruling of December 6th, 2021, had rejected requests for opposing evidence and throwing the indictment, presented by the defence as unsupported in legal provisions, and that none of the previous conditions in the provisions of Article 249 and 250 of the KKP.

Against this act, the complaint has been exercised by the defender of the accused Zeka, lawyer Latifaj without specifying the complaining basis with the proposal that the Court of Appeals approve his complaint, pleads to change and approve the request for the rejection of evidence and casting the indictment, announce unacceptable evidence and in the absence of evidence to drop the prosecution and drop the criminal procedure or return the subject to restoration.

Appeals' prosecutor has proposed that the defender Zeka's complaint be refused as baseless, while the complaining act be confirmed.

Under that decision, it is said that the lawyer's complaint claims are groundless, the court's act of first degree that has been rejected of evidence and the request to cast the indictment is based, fair and legal.

In addition, this decision says that according to the assessment of Appeal in the concrete case what is relevant in this phase of the criminal procedure is the fact that the indictment as such has been compiled in accordance with Article 241, paragraph 1 of the Penal Procedure Code, the same does not contain the shortcomings that enable the continuation of the criminal procedure and that it contains all the necessary elements to proceed further in other phases of criminal procedure.

“There is no room for impeaching the prosecution, as without right it is claimed, because the criminal offence for which the defendant is charged is represented, there are no circumstances that exclude criminal responsibility, have reached a prescription deadline, and there are no other circumstances that prevent prosecution, and there is sufficient evidence for a well-founded doubt that the defendant has committed the criminal work for which he is charged against”, said in the Apel decision.

Also, according to Appeal, there is neither the complaint that the declaration of the injury and other witnesses on the matter consists of the same ones being taken in line with Article 61, paragraph 3 and Article 132, paragraph 6 of the KPRK.

On August 17th 2021, the “Justice Vow” had reported exclusively on the establishment of the indictment against Milaim Zeka, which resulted in training in court on March 18, 2021.

By contrast, at the initial session held on October 14, 2021, the accused Zeka had been declared innocent of criminal acts, which he is burdened with.

According to the indictment filed by Pristina Constitutional Prosecutor Milaim Zeka is charged with being charged on May 18, 2017, on the “B” street in the restaurant “The village of” in Pristina, without authorization, has now recorded the B.D. and that it has distributed this recording to third persons.

With these actions, the Constitutional Prosecutor in Pristina accuses Zeka of committing criminal work “Photo and other unauthorized recordings”, from Article 205, par 2, connected to MPR 1.