Appeal confirms the 15-year sentence to the accused who practiced violence against his wife who then died at KKUK

Hadhajaj was accused of having broken up with his former wife H.D., while driving, stopped the car, forced the deceased out of the car, and had begun to physically attack him in all parts of his body, and since the deceased had now fallen into the asphalt on the road, he had grabbed his head and sometimes hit him for asphalt. Then, H.D., had died in the CKUK, reports “Justice Trust”.

The Court of Appeals, with the decision of April 25, 2023, has refused the appeal of defendant Hadziaj's defender, lawyer Shkelzen Soopjan, while the Constitutional Court's 16 January 2023 act of judgment in Prizren has confirmed it.

The ruling's reasoning is said that the first degree act is not involved in violation of the criminal procedure's provisions, that crucial facts for the serious bodily offense for which the accused has been convicted have been confirmed.

“The Court of Appeals, has assessed the court's act of first degree, according to a complaint exercised in terms of essential violations of criminal procedure provisions, and has come to the conclusion that the same is not included in alleged violations, previously introduced in KPP's Article 384, for which the violation also provides for Article 394 of KPP. The college has come to the conclusion that the first-degree court, has confirmed all crucial facts, which characterise serious bodily injury by Article 186 par.5 related to par.1 of the KPK, for which it has been convicted and pronounced a corresponding legal sentence”, is said in Apel's decision.

Apel has estimated that in this criminal case the first-instance court, fairly and completely, has proved the actual situation.

According to Appeal, the first degree in making the decision has taken into account all the extenuating and demanding circumstances that affect making a decision as just as possible and the purpose of punishment.

With the case of making the sentence, the first degree court has taken into account all the circumstances that affect the right decision by respecting the legal provisions referred to, both extenuating and critical circumstances, as are with the stated sentence expected to reach the effect and the aim of the same. As extenuating circumstances, it turns out that the accused is the father of five children, the poor economic situation, and as a serious circumstance has taken into account the way the criminal work has been committed, which has been very harsh because a former spouse has lost his life, and the intensity of performing the same”, the decision states.

Against the Constitutional Court's conviction in Prizren, in the legal term, the complaint had exercised the defender of the accused Hadziaj, lawyer Sopijan, due to essential violations of criminal procedure provisions, violation of criminal law, error and incomplete proof of the actual situation, and the decision regarding criminal sanctions.

In the ongoing complaint, Soopyan had proposed that the Court of Appeals approve it as based on the complaint and court's first court bias to be annulled so that the criminal case can be returned to the same court in the retrial.

Otherwise, Hadziaj had been convicted by the Constitutional Court in Prizren in February 2021, and had been sentenced to prison terms for 15 years.

However, the Supreme Court, under the request for protection of the defense attorney's legality, has turned the case into retrial.

According to the Basic Prosecutor's Act in Prizren, founded on August 30th 2019, Ilir Hadziaj was charged with driving “on May 31, 2019, about 17:30 minutes. Suzuki” Came R+ on “Gusia” at the exit of the village of Samadridge, where he was with his wife, the late H.D., sitting behind that due to earlier disagreements, and then accused Ilir Hadziaj stopped his car on the right side of the road and forced him out of the car.

In addition, the indictment reportedly accused Hadziaj after stepping out of the car has begun physically attacking his late wife, H. D., punching him in all the parts of his body which was then shot down on the asphalt on the road, caught his head, and sometimes hit him for asphalt where he suffered a fracture, massive bloodshed in soft brain chips and verticles.

As a result of injuries to the head, face, chest, back and hands, H. D., had died in KKUK in Pristina.