Appeal confirms two years and three months in prison with officials of the Directorate for Migration and KSF members

The Foundation Court in Ferizaj on August 1st 2022 had declared a punishment case against indictees Maxhu Maloku, Fadil Rexhepi, Enver France, Remzi Bislimi and Razim Berisha, condemning them to 2 years and 3 months in prison.

The same were being charged with criminal acts “Use of official position or authority” Exercise impact”, “Keeping in control or unauthorized possession of weapons”, “Framework Assistance after carrying out criminal work” and “falsification of” documents.

To this act, the Constitutional Prosecutor at Ferizaj had filed complaints concerning the criminal sanctions pronounced against the accused, proposing that the same be pronounced higher prison sentences with which the purpose of the pre-lawed sentence would be reached.

The complaint against first-instance bias has also exercised defenders of the accused, proposing that the same be released from the prosecution in absence of evidence and evidence or turn the case into retrial and re-establishment to the first degree.

Meanwhile, the Court of Appeals with the conviction of February 6th 2023 in the sense of KPP's Article 394, praising the complaints of complaints exercised by the Constitutional Prosecution in Ferizaj and complaints of defenders exercised against the Constitutional Court Act of Ferizaj ) the Department for Criminals of September 30, 2022, has found that their complaints are not based.

The college of this court has estimated that the court's act of first-instance is not included in essential violations of the KPRK criminal procedure provisions and that the indictment is based on acceptable evidence where all relevant legal provisions are properly implemented.

According to the Appeals Act, the college of this court has assessed the court's act of first degree, according to complaints of defenders, in terms of actuality, and has come to the conclusion that in the court's act of court in the first instance, the actual situation has proved fairly and completely, since each accused's statements, each witness, as well as all material evidence from the divisions of the course, have been assessed.

This court has come to the conclusion that each accused committed the burdened criminal act, because by act of first degree the objective and subjective elements of each criminal act have been confirmed after all personal statements and material evidence have been assessed and that criminal acts for which they were charged have been formulated in each accused's actions.

Otherwise, in this indictment of Mehdi Joshi and Fatime Sabedini, they were accused of taking different actions in counterfeiting diplomas, but, against Josh and Sabedin, at the 20 October 2020 session, Judge Sahit Krasniqi has made the isolation of the procedure, since the same men have pleaded guilty to the deeds they are being charged with in the indictment, reports <x0Betim for Justice<1>

According to the indictment, convicted Maxhu Maloku was charged that on October 9th and October 30th, November 12th, 2014, as well as February 2nd and February 20, 2015, at Ferizaj, as an official person at the Directorate for Migration and Foreign Foreigners, has abused the official task in order to benefit rich for the other.

The indictment reportedly after officials of this directorate planned the operation for control of several restaurants in Ferizaj's municipality territory, which organised late-night music, the defendant via mobile phone had informed defendant Enver France, who had then notified defendant Razim Berisha and defendant Remzi Bislim, in order to dismiss workers who had no work permits and stay in the Republic of Kosovo.

By what means, defendant Remzi Bislimi has reportedly expelled girls from the restaurant so they are not discovered by police officials from the Directorate for Migration and Foreign Affairs in order to escape fines and administrative sentences and not be expelled from Kosovo territory.

With this, it is accused of continuing to commit criminal work “Use of official position or authority” by Article 422, par.1 of the Criminal Code.

Maloku is also accused of committing a criminal act “The exercise of influence”, because according to the indictment, on November 13, 2014, as an official person at the Directorate for Migration and Foreign Affairs, he had directly sought wealth for himself from the person Isa Sheriff, in order to exercise unjust influence on the decision of the official person under the director for Migrim, in order not to be expelled from Kosova A. The U.S.A., which had to declare the extent of the ban on entry to Kosovo by the Directorate for Migration and Foreign, but had been faced by directorate officials working at the “Kalaya” without work permits. So he met with Enver France and Isa the Sheriff at the “Perol Compan” in Fush-Kosovo, of which he asked them to paint the car garage.

Maloku's device III of this indictment is being charged that on November 12, 2014, with the aim of exercising unjust influence in decisionmaking, he had asked the other indictee Fadil Rexhepi not to be punished and expelled from the territory of Kosovo, citizens of the Republic of Albania who had been banned from the police and seized with ID documents while returning from the restaurant “Internation Italy”, which he accused Rezim Biselim.

With this, it was accused of committing the ongoing criminal act “impact enforcement” by Article 431, par.1 of the Penal Code.

The other indictee in this case, Fadil Rexhepi, was charged also that as an official person at the Directorate for Migration and Foreign Affairs on November 12, 2014, there was misuse of official duty, since, in the case of the ban on girls from Albania who worked without work permits and without permission, had not pronounced fines and the extent of expulsion from the territory of the Republic of Kosovo.

The same, reportedly on November 21, 2014, as an official person in the Directorate for Migration and Foreigns has misused the official position, with the aim of enriching other persons, in that way that in the case of the A.K. ban. (girl) who worked without permission at the local “Matriks M” had not expelled him from Kosovo after having influenced a relative named K.K.A.

Also, the same one says that on November 22, 2014, as an official person at the Directorate for Migration and Foreigns has misused the official position, with the aim of enriching other persons, so that in the case of banning some immigrants from the police official, the defendant had ordered their release without implementing pre-law procedures for foreigners in order to issue fines or to be expelled from Kosovo territory.

With this, it is said that the ongoing criminal work was “The use of official position or authority” by Article 422, par.1 of KPRK.

While Enver France was accused of being a member of the KSF, the UN chief criminal act “impact control” since from November 8th to December 18th 2014, at the Ferizaj doctrine and training centre, has demanded a reward in cash, to exert influence on members of the Commission for physical testing of KSF cadence candidates, in the way he had received 200 euros from his bazhanaku, Osman Magera, to help Nehat and the Red Office to pass the physical test to the FSKSK.

With this, it is said to have committed criminal work “The exercise of influence” by Article 431, par.1 of KPRK.

He is also charged that on March 18, 2015, at the Ferizaj doctrine and training centre had held a weapon against the law on the weapons of a Zastava branding pistol and a 7-pounder with 7.62m calibre and 11 rounds of calibre 7.62 mm, in a way that in the case of implementing the IPK's order at the KSF's offices in the defendant's vault of Razim Berisha and 1 cable with 762 rounds of cables, the 762 m m, was also found in his apartment of 1162 m.2m, and a 15 m.m.

By this, it was accused of committing criminal work “holding control or unauthorized possession of weapons” by Article 374, par.1 of KPRK.

Similarly, the same charge was charged that during January 2015, he had promised him a reward for it in front of the officials, accused Isaac Smajli secretary at professional high school “Fehmi Ladrovci” in Drenas and Beating Elshani professor at high school “Genry Kastriot Scenderbeu” in Drenas, in order to exercise unjust influence on the decision of official persons, to obtain a degree of high school in order to have a degree at the FSKSC.

The latter reportedly had contacted several times on the phone with defendants, as well as held several meetings in the restaurant at Bridge, high school, but had failed to secure money in many of the 800 euros that were required for the graduation insurance.

By this, he was accused of committing criminal work “The exercise of influence” by sub 431, par.2 KPRK's.

Meanwhile, Remzi Bislimi, as restaurant manager “International Italy”, in the village of Prelez of Jerlive, Ferizaj municipality, is accused that between November 8th and November 12, 2014, he had promised reward to accused Maxhun Maloku, to exert influence the other official person in the Directorate for Migration and Foreign Affairs, Fadil Rexhepi, not to be expelled from Albania.

For this, it was accused of committing criminal work “impact control”.

In response, under the indictment, Razim Berisha, as a member of the KSF, is charged with criminal acts “impact control”, by Article 43, par.1 of the CRPK and “The Office of Assistant Chiefs following the commission of criminal work” by Article 388, par.1 related to par.2, sub-29 of KPRK.

The same said on November 8, 2014, in Ferizaj had accepted the offer for direct or indirect benefit in order to exercise unjust influence on the decision of official persons - Director for Migration and Foreign Affairs, in the manner that after being announced by defendant Enver France that police officials in Ferizaj had stopped girls working at the <x0 International” restaurant, the defendant had met with police officials at <x2H) Petrolx Feriz in order not to surrender to the Director of Foreign Migration and Foreign Service.

Likewise, the same indictment, on October 29, 2014, in the early hours of the morning, in Ferizaj had accepted the offer for direct or indirect benefit in order to exercise unjust influence over the decision of the official person .R., in the manner that after the announcement by defendant Remzi Bislimi that police have stopped the girl from Albania, the defendant had contacted the official person and influenced him to release the daughter from Albania, who had traveled to Switzerland the same day, even though the same had been loved by Director Migrim and Foreignion.

With this, it was charged that the ongoing criminal act “impact exercise” was under 431, par.1 of the Penal Code.

The attack, according to the indictment, on March 18, 2015, accused Razim Berisha had helped indictees Enver France avoid discovering the criminal work “retaining unauthorized possession of weapons or possession of” by Article 374, par.1 of KPRK, in a way that after checking IPK officials at his offices at the Doctrine Centre where he had been looking for a friend to inform France's wife of the removal of ammunition and throwing it into the basket.

Thus, it is said that after checking by KSF inspectors in the defendant's residence, Enver France has been seized 11 rounds of .62 mm calibre and 1 bullet in the basket where his wife had thrown them.

With this, it reportedly committed criminal work “The Office of Chiefs following the conduct of criminal acts” by Article 388, par.1 related to par.2, subpar.2.9 of KPRK.

Mehdi Djoshi was charged with taking bribes and for falsification of official documents, since as secretary to the Gimnazin “Gjergj Kastrioti-Skenderbeu” in Drenas, he had accepted in return the 200 euro amount from the Elshani beat to issue official documents forged in the name of Fatime Morina.

And Fatime Sabedini was accused of enrolling in the College “Fama”, amid the 25 November 30th 2014, had handed over counterfeit documents as having been conducted in the Gjimnazin High School, “Geng Kasteroiti-Skenderbeu” in Drenas.

By what, it is said he committed a criminal act “Counterfeiting” from Article 398, par.2 of KPRK.

Charged for the exercise, there had been Isaac Smajli, secretary of the Professional Middle School “Fehmi Ladrovci”, in Drenas, but the same session at November 1, 2018, had pleaded guilty to the criminal work he was charged with and the procedure was set aside for him.

To Smajli, on November 14, 2018, the court had pronounced prison sentences of four months in prison, but had been sentenced to prison terms, with the consent of the accused, to fines of 1,000 and 500 euros.

Smajli was accused of having accepted the offer from Enver France in the amount of 800 euros to influence officials at the school's directorate to issue a forged degree as evidence of advanced performance in the Kosovo Security Force (FSK).

The accused also was Gymnasian professor “Gjergj Kastriot-Skenderbeu” in Drenas, the Elshani Beater, who on March 21, 2019, was sentenced to two years in prison on bail, having previously pleaded guilty to three criminal acts of influence, counterfeiting official documents and bribery.

He had pleaded guilty to the session, which was held on March 19, 2019. For the first work, the exercise of influence, he has been sentenced to one year in prison, for counterfeiting official documents has been sentenced to nine months in prison, while for the third work, the penalty for bribery is six months in prison.

However, the chairman of the court, Musa Kondzhel, who is conform nine of the KPRK, for all these criminal acts, pronounced his unique sentence, in two years' imprisonment, which his sentence will not be executed if in a two-year verifiable period he did not commit any other criminal act of this nature.

Elshani was charged that during 2015, as Djimnazi professor “Gjergje Kastriot-Skenderbeu”, in Drenas, he had accepted the offer for wealth gain, so that following his conversation with defendant Enver France, he had accepted the offer in the amount of 800 euros to influence officials of the directorate of the professional high school “Fehmi Lladrovcix <3>, in Drerna, to submit a forged degree in France. /Betimy for Justice