The Supreme Judge gives the excuse for release from Naser Pajaziaj's prosecution: No direct evidence

This court in a communiqué sent to the media has made public the reasoning of this ruling, which reportedly on April sixth in the criminal case against convicts N.P., has approved the request for protection of his defender's legality, changed the convictions of the Constitutional Court in Ferizaj and the Court of Appeals, and released the convict from charges of criminal work “the grave murder of<1>.

As for two criminal acts of possession, control or unauthorized possession of weapons, sentences pronounced in length of one year and a length of five months, have been taken as evidence, and the unique sentence has been set for one year and three months of imprisonment, which the N.P. has spent in prison.

Kosovo's “Supreme Court as a whole agrees with the conclusions drawn from the two judicial incidents, that in the concrete case, according to what is mentioned in the first-degree bias device, it does not result in the objective circumstances of the case and that -- the late D. P., dated 09.11.2015, had left her house to go to work and the same date has disappeared. Its body was found on the date 17.12.2015 at the place called “The Lithia cro”, that the same was deprived of life by being shot twice in the head with a gun from the unknown type. According to this court's assessment, the subjective circumstances are the fact, respectively, whether the defendant's criminal offence is the one, and it is this aspect, which differentiated between the interpretation made by the court of the first degree and which the second-degree court had agreed to on one side and the Supreme Court of Kosovo on the other.

In this criminal legal case, there is no direct evidence arguing the guiltyness of convicts, but only indifference and that the scheme of the event was built based on circumstantial evidence, connecting the links to the chain of event. For this reason, for judging a case based on circumstantial evidence, the standard proved beyond reasonable doubt is always necessary, and only when the outcome drawn from such evidence is the only reasonable conclusion that can be drawn from the evidence presented. Hence, evidence must be provided to close the circuit, respectively, for the possibility that other persons will be the head of criminal work. And in the concrete case, this circuit isn't shut down”, the notice says.