Supreme confirms prison sentence against Skender Krasniqi for killing his son

The Constitutional Court in Pristina, Skender Krasniqi, had convicted him of a criminal offence to murder by Article 175 of KPRK and had sentenced him to prison terms for three years and five months, which the Court of Appeals had confirmed.
Against these convictions, the joint requirement for protection of legitimacy has brought forth defenders of convicts, Ramiz and Fanol Krasniqi because of essential violations of criminal procedure provisions and violation of criminal law.

They have proposed that the Supreme Court of Kosovo, approve it as a basis for protection of legitimacy, cancel rejected rejected convictions, and turn the case into a retrial at the first instance court or second degree court, or change controversial convictions and convicts, based on the provision of Article 74.1 subpar.1 of KPRK, since according to them, there are specific grounds for release from criminal labour for negligence.

While, under this act, the Supreme Court of Kosovo after reviewing the paperwork and the subject and evaluation of the claims in the motion has found the request unsubstantiated, because according to the Supreme Court, the judgments against which demands have been filed do not contain violations for which it is alleged.

“According to the assessment of the Supreme Court of Kosovo, despite the fact that in the concrete case the criminal act was committed by negligence and that the consequences have hit the convict after losing his son, however, given the provision of Article 74 par.1 below.1 of KPRC, it is determined that this provision has not had the vigoural character, respectively, has given the court discretation that, in these cases, depending on the circumstances, could be applied to” in the Supreme Court Act.

However, according to this indictment it is said that violation of the criminal law is only in cases when the court has exceeded legal competencies in concrete cases.

Otherwise, the fact should be highlighted that it is not in the competence of the Supreme Court of Kosovo to examine the height of the pronounced sentences, but the important thing is that, in the case of the pronunciation of the sentence, legal competencies are not overstepped, and the reasons given in terms of sentence are not involved in procedural violations<1> said in the reasoning of this act.

By contrast, the indictment against Skender Krasniqi was established by the Constitutional Prosecutor in Pristina in October 2021 for criminal work “The defeat from carelessness” by Article 175 of the Republic of Kosovo Criminal Code ( KPRK.

It has become known there that Skender Krasniqi, on January 27, 2021, about five o'clock, has deprived his son of life, now the late Albert Krasniqi.

According to the accusation, when the deceased now gave his father the “type gun. TT M57” to look at, which is said to have wanted to buy, the gun went into Skender Krasniqi's hands towards his son, shooting him in the chest, after which the same man was left dead at the scene.