He gave only eight months and eight days to prison to the guilty of child rape: Péja Court Degraded

He gave only eight months and eight days to prison to the guilty of child rape: Péja Court Degraded

The Kosovo Judiciary Council (KGJK), on April 28, 2022, has ruled on the permanent degradation and transfer of Judge Florije Zatriqi to the General-Division Counterfeit Division under the Constitutional Court in Pec. With the disciplinary sanctions pronounced by the KDR, it turns out that Judge Zatriqi has been found responsible because contrary to legal provisions [...]

With the disciplinary sanctions pronounced by the KDR, it turns out that Judge Zatriqi has been found responsible because contrary to legal provisions, he had ruled with which he had sentenced the accused P to eight months and eight days in prison. K, due to the conduct of the rape criminal, reports the “Justice Trust”.

This KDR ruling comes after initially on November 8, 2021, Judge Zatriqi had been suspended at the 270th meeting of the Council and with the KDR decision, in addition to the suspension, Judge Zatriqi had accepted only 50% of the monthly salary.

In the argument of the 28 April verdict, taken by the KRK, the Council has found that Judge Zatriqi's judgment-making has been in conflict with the Kosovo Criminal Procedure Code and the Interim Penal Code.

After assessing the administered evidence and the subject's statement of the investigation, the Council found that Judge Florije Zatriqi, the release of the PKR Act.l41/15, of the date 23.07.2021, has at times opposed the Kosovo Criminal Procedure Code and the Kosovo Criminal Code for Review, which has been in force in the time it carried out the criminal work, in terms of the composition of the body, the accounting, the qualifications of the criminal work, and the sending of invitations to participation in the judiciary, the protection for the protection of the victims, and the KCHOCHOD's decision is said.

Under the KDR ruling, Judge Zatriqi has violated the procedures by violating the principles of fair judgment after deciding as a single judge, calculating the sentence was miscalculated, calculating the day-to-day sentence, and therefore overstepping the limits of legality, with which the legitimacy, objectivity and credibility of the judicial process has been damaged.

On the other hand, it is said that the Council has estimated that all elements of the disciplinary violation for which action has been pronounced have been consumed in this disciplinary case.

In reasoning with the KDR ruling, it is said that following the publication of the relevant media act on which the bias has had numerous reactions, the reputation of the judge's image has been seriously damaged, and the ruling is also said to have seriously damaged the image of the judicial system.

On the other hand, according to this decision, the Council has reportedly praised the subject's claims of investigation, but these claims of the subject of investigation have not influenced the Council to make another decision.

The above <x0 degrees have been tested with the administration evidence that has been presented to the Council by the fact-finding report of the investigative panel, which has been assessed as a reliable report, as it was objectively and according to the established legal procedure the panel has developed the process of investigating the case and planning facts. The Council has assessed the subject's claims of the investigation, but it has found that, in terms of the facts outlined with the evidence administered by these claims, and the statement has not influenced the Council to make another” ruling, it says in the KDR's decision.

The disciplinary mass under the Council's assessment is proportional to the violation consumed by the subject of the investigation, thus ensuring the implementation of the legal responsibilities the Council has in the procedure of disciplining judges under the Law for Disciplinary Responsibilities of Judges and Prosecutors. The disciplinary measure under the Law for Disciplinary Responsibilities of Judges and Prosecutors should be the measure that affects the judge subject to the investigation to correct his/her actions, during the exercise of his/her” says in the Council's argument.

By contrast, the KDR on November 8, 2021, had established the Investigative Panel over the disciplinary violation of Judge Zatriqi, who the panel on March 31st, 2022 had submitted to the Council the written report and the voluntary agreement reached.

However, after the KRK unanimously considered the agreement, it had decided that the voluntary agreement would be rejected with reasoning that the sanctions reached between the panel and the subject of the investigation of Judge Florije Zatriqi is unproportionate with the violations and consequences of disciplinary violation, this violation even on the part of the investigative panel.

Also, with this ruling, the KDR has rescinded the decision the judge Zatriqi was suspended with.

Otherwise, according to the trial provided by “Justice Vow”, the Department's Court of Worship at the Foundation Court in Pec has sentenced the accused P to eight months and eight days in prison. K, because of the criminal offense.

This criminal offence under the Penal Current Code envisions sentences ranging from 5 to 20 years in prison, and this court ruling of July 23rd 2021, Zatriqi had taken him as the sole judge in opposition to the Court of Justice for Attour.

In this regard, on October 27, 2021, the chairman of the Supreme Court of Kosovo, Enver Peci, has asked the head of the Constitutional Court in Pec, Armend Berisha to take legal action to address the disciplinary responsibility in this case.

In this case, also head prosecutor of the Peja Founding Prosecutor Agim Kurmeha has initiated disciplinary procedure against Prosecutor Freedom Morina.

Otherwise, the Court of Appeals, on March 13, 2014, had turned this case into a retrial because of the inconsolation of the condemnation of the head of the work

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