Yanev: Hague Prosecutor Cannot Test Charge for Joint Criminal Enterprises

The expert on criminal justice cases, Lachezar Yanev, from Vrije University in Amsterdam, stresses that at the centre of the prosecution's “joint criminal enterprise” should be a common plan and that “the prosecutor has difficulty determining what fundamental crimes co-accused were agreed upon by”. “Procurory is saying [...]
“Procuroria is saying there was essentially a very large joint criminal enterprise that split between Hashim Thaci and some senior KLA officials and the next officers on the ground. Is this also possible that all these people are talking about hundreds of people getting together and having a joint criminal plot to commit a crime?
“Procurory sees this and says that some of these members have actually not been members of the joint criminal enterprise, but have been used as “via” from others to commit these crimes. This is much more realistic”, says Yanev, in an analysis of one of the biggest international platforms “Justice”, which deals with international justice issues.
Analyzing the prosecution for joint criminal enterprise, he points out that “such uncertainty could give defence the opportunity to question whether a joint venture can be proven at all”, he said, (insighter writes).
The Special Court's prosecution's charge against KLA leaders is one of the main battles with the defence of former President Hashim Thaci, Kadri Veselini, Jakup Krasniqi and Rexhep Selimi. The defence has already rejected this charge as unstable.












