The murder of the woman in Lausha, the KKP makes decision against the prosecutor who had taken the necessary measures

The murder of the woman in Lausha, the KKP makes decision against the prosecutor who had taken the necessary measures

 The Kosovo Prosecutorial Council (KPK), on April 14th, 2022, has made the decision to approve the voluntary agreement with which the agreement has become an admission of disciplinary responsibility by the Constitutional Prosecutor in Mitrovica Stojanka Kasalovic. With the approval of this KPK agreement, prosecutor Kasalovic has pronounced the disciplinary measure “The public writing “, reports “Betim for [...]

With the approval of this KPK agreement, prosecutor Kasalovic has pronounced the disciplinary measure “public writing”, reports “Justice Vow”.

The ruling, published by the KKP, reportedly to this move the Council pronounced after prosecutor Kasalovic, has issued the release of procedural action in the case of domestic violence, which had fatally ended after the L.Q on January 5th, 2022 was killed by her husband S.Q.

The murder had occurred in the village of Lárusha, the municipality of Skenderaj, where the defendant S.Q was subsequently arrested and assigned detention measures for two criminal acts “heavy defeat“by Article 173 paragraph 1 under paragraph 1.3 of KPRK, as well as “holding arms ownership, or unauthorized possession of weapons<3> by Article 366pagraph of the 1 Criminal Code of the Republic of Kosovo.

Under the KKP's decision, which the voluntary agreement for accepting disciplinary responsibility has been approved, it has proved prosecutor Kasalovic has acted in opposition to the Ethics and Professional Conduct Code for Prosecutors, as well as the Law on Disciplinary Responsibility of Judges and Prosecutors.

In all, prosecutor Kasalovic's decision has been found responsible for “violation of the prosecutor's duties”, from Article 6 pars 2, points 2.1 and 2.5 of the Law for Discipline responsibility.

At the point 2.1 of the above Law reportedly violating the prosecutor's duties under this law includes the following actions, unless the prosecutor deliberately or seriously carefreely commits: “consistently does not take any prosecutorial action required by law or exercise prosecutorial functions within the pre-law deadlines, unless the seriousness of non-action or the level of breach provides the basis for the initiative of the disciplinary procedure for a single violation of<1>.

While, at 2.5th point in this same Law, the prosecutor is said to be involved in violations of tasks even when: “does not take into account the rights of witnesses or damaged parties, especially to take measures to protect their lives, security and privacy in line with the legislation in force”.

On the other hand, in the reasoning of the decision to pronounce the disciplinary measure against prosecutor Kasalovic, it is said that the Baltimore panel had found that the prosecutor had been the guardian at the moment when the fight was reported on in the victim's family, with cʹʹrast reportedly in this decision since in this case there had been no recivilisation, and the victim's son had guaranteed for the safety of the mother, prosecutor Kasalovic had not taken a ban.

“Paneli Hetimor found prosecutor Stojanka Kasalovic to be the caretaker at the Foundation Procurement in Mitrovica, dated 01.01.22, when called by police station official... Who had reported a fight in a family where the adult son had reported his father because he had driven Mother away because of jealousy. Since there had been no physical violence, there had beencitism, and the victim's son had guaranteed the mother's safety, prosecutor Kasalovic had not taken a ban, had instructed the case to be opened for domestic violence, but in regular procedure and to inform the victim's defender, but no longer interested in the flow of the case”, the reason for this decision is said.

On the other hand, the ruling reportedly has acknowledged that procuro Kasalovic has had negligence on her part, because she would have had to communicate with the police in the upper case.

In the absence, these actions are said to have included prosecutor Kasalovic in behavior that has damaged the state prosecutor's reputation and damaged public confidence in professionalism, impartiality and credibility in the State Prosecutor, where, reportedly, neglect has not exercised its prosecutorial functions when it has not taken necessary measures to protect the victim.

In all, the verdict says the prosecutor is not interested if the victim is provided with a defense order.

At the end of that decision, the voluntary agreement approved by the Council reportedly meets all legal conditions and sanctions proposed by them is fair and proportional to disciplinary violations.

Otherwise, the Constitutional Prosecutor in Mitrovica for the Skywright Lovel case has not filed an indictment yet.

 

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