Apel harshs the defendant's sentence for the accident in which the doctor and the driver of the ambulance were killed

The Constitutional Court in Gjakova in November 2022 had convicted the accused of criminal activity “Reservation of public traffic”, condemning him to 5 years and 6 months, in which he would also calculate his past time in custody, and had been subjected to a supplementary sentence - a 3-year ban on the vehicle's direction, reports the “Bettim for Justice<3>.

In response to this indictment, representatives of the damaged party Naim Salihu, lawyer Mesari Selimaj had filed complaints about the sentence, as well as lawyer Korab Bocshi, the representative of the damaged Gzim Djind party, and the decision on criminal sanctions, as well as the expenses of criminal procedure.

Both had demanded that a higher sentence be pronounced against the accused.

After that, the Court of Appeals, with the sentence compiled on April 14, 2023, has changed the Act of Basic Court in Gjakova, increasing the sentence on the accused from 5 years to 6 months to 7 years in prison.

Also, accused Prnerecaj has pronounced the supplementary sentence, taking a four-year long drive permit.

The complaints filed in complaints by authorised representatives of the injured for pronouncing a heavier sentence on the accused, the Court of Appeals' penal college, have praised them as being based.

Apel's reasoning says that the first degree court has directly outlined extenuating and demanding circumstances, which affect the appointment of type and sentence, but according to the court's assessment of the criminal college, the extenuating circumstances have overestimated them, while they only found fault with them, but have not assessed them in a meritably.

The complaints filed in complaints by authorised representatives of the injured for pronouncing a heavier sentence on the accused, the Court of Appeals' penal college, have praised them as being based.

According to Apel, the first instance court, in the case of measuring the sentence on accused Prnerecaj, as a serious circumstance, has considered the fact that the accused committed criminal work “Public Trafficking Reservation”, a fatality accident that ended with the deaths of two persons and three injured, one of which is still being handled at QKUKU- in Pristina.

While, it is said that as extenuating court circumstances, the accused's personal circumstances, that the same is young, that he has not committed criminal acts at times, that the court has been kind, the degree of responsibility, because the work was carried out by carelessness, while as specifically extenuating circumstances, the court praised the guilty's admission in the initial review.

In view of all the higher circumstances, the court has pronounced the sentence to the accused as the device of the complaint act, confident that with such punishment, the purpose of the sentence will be achieved.

Appell points out that such a restatement of relevant circumstances for measuring the sentence as fair and legal, is considered by this court, but Apel's penal college estimates that the court of the first degree has overestimated and that the same are not of that character, so that the accused is pronounced sentence as pronounced by the court of the first degree, given the weight of the work for which sentence is issued 1 to 8 years.

In contrast, according to the indictment filed by the Constitutional Prosecutor in Gjakova, Kastriot Prenrecaj was charged that on June 30th 2022, in the neighbourhood “Dania” in Gjakova, by default, public traffic has been jeopardised, acting in opposition to the Law on Road Traffic and thus caused the death of the now felt M.S. and S. J.

According to the indictment, the accused, with his car, makes an uncertain turn to the right on the left in the direction of his movement, taking the advantage of moving the ambulance vehicle, which was with flash lights and signal alarms, so that, in the inability to avoid the accident, the ambulance vehicle with the first half hits the defendant's vehicle, where, in addition to material damage, S life is changed. J, the ambulance driver, as well as the M.S. doctor on this ambulance.

With that, Prerecaj was charged with committing criminal work “Public Traffic Resilination” by Article 370, par 9.