The Appeals Court turns the case against former Emergency Director Basri Lenyan into retrial

Against this act, within the legal deadline, Lenian's defender, lawyer Ardita Morina, and after reviewing the complaint, and on February 14, 2023, Apel has turned the case into retrial.

The Kosovo Court of Appeals criminal co-operation based on Article 384 pars. One below. 1.12, about Article 370 pars. 6 and par. 7 of the KPP, which also relates to violations of criminal law, found that the complaint will have to be annulled and that criminal case must be returned to the first-degree court in the retrial and verdict”, the verdict said.

This is because according to Apel, the first - degree court has presented no reason for any point of judgment and has not clearly stated what facts and why it views them as proved or unconfirmed.

Also, Apeli has found that the first degree court, did not assess the accuracy of the countercontinual evidence, has presented no specific and specific reasons based on the case of the existence of criminal acts and criminal responsibility of the accused in the case of implementing certain penal law provisions against the accused and his work, and has in particular presented no reasoning concerning the prosecution's will for carrying out this criminal act.

The “E that in the concrete case regarding the direct will of the accused, the first degree court according to the court's assessment of the criminal college has rendered no rationale at all”, Apel's decision is said.

In addition, Apel's decision states that for the existence of this criminal act, the objective and subjective condition must be met in a quantum way, which in the concrete case of the first degree court has only given rationale, while the subjective condition of the accused has given no reasoning, which is, according to Apel, a violation of the absolute character and which conditioning the annulment of this act.

According to Apel, the first degree court has given no reason even regarding the defendant's statement, or his defense that all additional revenues have been declared through the banking system and as well as concerning his wife's business and that all of this income has paid taxes.

Subtitles: 6, it is binding on the court to present reasons for every point of the indictment and in the concrete case regarding the defense of the highest-ranking indictee, the first-degree court has rendered no rationale at all”, it is said in Apel's decision.

In this way, according to the assessment of the Court of Appeals' criminal college, all of these constitute essential violations of the penal procedure provisions related to violation of criminal law, which make the complaint judicially unstable, and which have necessarily conditioned the annulment of the judicial act in question, because these violations have not been enabled to change the conviction filed by the Court's penal college.

“Under retrial the court of the first degree to avoid high-insulted wrongdoing, and after the evidence is released, to assess the same meritably and then to issue fair and legal bias, namely, the first degree court regarding the subjective direct intent of the accused is to give convincing ~x1>, it is further said in that decision.

By contrast, at the initial session held on May 10, 2022, the accused Lenyan had declared himself innocent of his burdensome criminal act.

The incident, compiled in June 2021 by Pristina's Founding Prosecutor, charged Basri Lenin that in the quality of the top public official, he did not accurately declare his property for the January 1st to December 31, 2019, at the Anti-Corruption Agency (AKK).

It says the same one did not declare his wife's business, Fatime Lenyan, named “OS Oral Dent”

Always according to the indictment, Lenyan also did not declare annual revenues in the amount of 5 thousand and 125 euros and 55 cents, where two thousand and 763 euros and 13 cents have been accepted in the quality of the senior public official from the SHKKUK, while 2 thousand and 441 euros and 10 cents have been accepted from the Private College of Medical Sciences <x0) Rezonency<1> in the quality of the professor asocated.

For this, he was accused of committing criminal work “not reporting or reporting false wealth, gifts, other material benefit or financial obligations” by Article 430, paragraph 2 of the Republic of Kosovo Penal Code, the work punishable by fines and imprisonment of six months to five years.