Paying murder in Decani, this is the verdict of the Court of Appeals to return the case to retrial.

This is because for the second time, the criminal case against defendants Bekim Raja, Avni Sinanaj, Murat Sinanaj and John Pnisci, who are charged with this murder, is being destroyed by the courts of the highest instance, which are conspiring to procedural violations, the Justice Vocit reports.

First, the Supreme Court, whereas the Court of Appeals has recently broken the Peja Court ruling, where the latter of May of this year had found the defendants guilty of killing the late Djindite.

This decision has been annulled by the College of the Appeals Court, led by Vaton Durguti, with members Hashim Colak and Abdullah Ahmeti, who after holding the college hearing on August 31st 2022, have concluded that the Pec Court's ruling contains essential violations of criminal procedure provisions.

As for the Peja Court's findings on the grounds of Raja's conviction for the criminal offence to murder, Apel has stressed that the first-degree court had not clarified all circumstances that make up the criminal offence's image in serious murder.

“Essential breach at this point of the judicial act, respectively, consists of the first degree court failing to clarify all dilemmas regarding the press institute in carrying out the criminal act on the part of the accused. All of the violations that the court estimates in the first degree during the proceedings, and have come to the conclusion that the same directly connected with the facts that characterize criminal work, which is placed in the burden of the accused”, are said to reason on Appeal's college.

Another but non-absolute character violation) Apeli considers the violation of Article 237 par.6 of the Penal Procedure Code, which stipulates that the court's order to declare a collaborative witness does not prevent him from starting criminal investigation that is sentenced to at least 10 years in prison, since in this case co-operative witness has not been initiated.

As for defendants Avni Sinanaj, Apel has found a violation in the case of legal treatment. The defendant is charged with a criminal offence in committing a serious murder in co-ordination. Apel has reasoned this quality that the aid and co-ordination institute are two separate institutions and that the same cannot go together in judicial quality.

The first-instance court had to keep in mind that these two institutions and aid cannot go together, and that all these suggestions have been presented even in the Supreme Court's act of judgment under which the Court of Appeals act has been annulled, as well as the Constitutional Court”, says the reason for Apel.

The appeal, too, found that CDs that were part of the criminal substance were never heard to prove the actual situation.

On the other hand, Appeals has concluded that the role of a collaborative witness was not defined by the Peja Court's decision.

“The role of co-operative witness “D1” is not defined in order to clarify the head of the criminal act, assistant, driver, collaborator, which is very important because legal provisions from Article 237 I KPPK, in terms of Article 123 par.5 specifically, is defined as the actions the body should take, which develops the procedure, to determine the role of each head of the criminal act, which is seen in the introduction to Article 262”, the Appeals' reasoning said.

In conclusion, the Court of Appeals points out that after their general assessment of all the evidence of the subject, they had concluded that the Court of Pec had not acted in accordance with the Supreme Court's judgment.

This court's <x0-Colegy has generally assessed all evidence from the subject documents and concluded that in this criminal case, on the part of the first-degree court, it has not been properly acted as required in the court's conviction of the Supreme Court of Kosovo, to clarify the existence of the criminal act of serious murder, while we have three accused, to clarify any action each person has taken to prove the institution of co-ordination, the assistant as the form of co-operation in the criminal work, because the same must be proved, in the same way, to each charge of the plea, the Ax is said to be guilty.

Appeal has asked the Pec Court to assess one by one all the material and personal evidence, starting with the CD, in order to find the answers to what happened on the critical day and who was in charge.

To prove that, on the critical day in May 2012, there were criminal acts or there hasn't occurred, under what circumstances has occurred, who were the perpetrators of the criminal act, which are proven on the basis of witnesses, personal and material evidence respectively. Also, the first-degree court should be aware that after all three indictees have been continued detention, there should not be the “sentence that the accused will serve the sentences after the full might of this act”, the Appeals' argument states.

By contrast, on August 31, 2022, the Court of Appeals had reviewed the complaints of the Constitutional Prosecutor in Pec and Defence, in the case of convicts Bekim Raja, Avni Sinanaj, Murat Sinanaj, and John Pnosy, in the murder of the late Ferdinand Djind.

The Constitutional Court in Pec, on May 20, 2022, has sentenced Bekim Raja to 14 years and 6 months in prison, Avni Sinanan, to 8 months in prison, Murat Sinanan, to 18 years and 6 months in prison, and John Ponysin to six years in prison, which he has held, reports the Law on Justice.

Otherwise, on April 15, 2021, prosecutor Valbona Dishaj-Hagesa has re-qualified criminal acts from criminal offence to other forms of co-operation.

Against this act, Peja's Constitutional Prosecution has filed complaints because of the sentence on the sentence, demanding that convicts be pronounced the most severe sentence.