The Court of Appeal confirms the prison and fine sentence to Burdush

The Court of Appeal confirms the prison and fine sentence to Burdush

The Court of Appeals has confirmed the act of Constitutional Court in Pristina through which Hysri Peqani, known as “Burdushi”, had been sentenced to 4 years and 6 months in prison, with 42 thousand euros in fines, as well as confiscated the assets of 2m euros. First on June 5 of this year at the Court of Appeals [...]

Initially on June 5th of this year at the Kosovo Court of Appeals was held sessions in which the Special Prosecutor's complaints of the Republic of Kosovo (PSRK), as well as defenders of convicted Peqani, attorneys Feim Alaj and Durim Osmani were considered.

In Apel's decision, which the decision was made on June 30th of this year, it is said that the P-proposed act of judgment SRK and attorneys Alaj and Osmani are not involved in essential violations of criminal procedure provisions or other violations that condition the annulment of the Constitutional Act. On the other hand, according to the basic Appeal, there has been no overstepping the indictment in the objective sense, as well as the act of the fundamental clearly judged the issue of judgment and any other event.

As for overcoming the judgment proclamation Apel has estimated that the claim is both unsubstantiated because in the procratbal of proclamations as well as in the writing of the subject, it proves that the act of prejudice has been compiled as well as the proclamation of judgment. As far as the actual situation is concerned, Appeals has found that the Pristina Constitutional Court has clearly and correctly assessed the circumstances and all the evidence that has testified to incriminating acts of convict Hysri Pekan.

Likewise, Apel has found unfounded the complaint that the accused had not exercised medical activities, as business registration included giving spiritual services. On the other hand, Apel has clarified that it is no contradiction that convicted Peqani has consistently taken similar actions against different persons, thus performing the criminal work of illegal exercise of medical activity.

As unbased Apel has also found the other protective claim regarding financial benefits, since according to Apel from managed evidence it has proved that monetary means have circulated through the banking system, then converting them to playable and real-time items convicted Peqani. The appeal as well as the unbaptised has found the other defense claim regarding the irreconcilability of evidence, since according to Apel from the subject's paperwork, proves that through decisions retroactively, it has approved the release of actual oral orders of property-house control.

Meanwhile, in terms of SPRK's complaint at the height of the Appeals sentence, it has stressed in the decision that the Foundation, with the case of the left and the terming of punishment, has rightly and precisely assessed all circumstances in the case of the height of the sentence. Otherwise, at the December 23rd 2022 session, prosecutor Merita Bina-Rugova in the final address has announced that she has made precise the first device of the indictment, which she has divided into two parts, but said the qualifications of the criminal act is the same.

According to the indictment, from the unproved time of at least July 15, 2005, to July 26th 2019, accused Hysri Peqani-Budushi has treated people with primary activity, other human health activities, on June 15th 2005, and on July 26, 2019, in Prizren, accused Hysri Peqani-Budushi, has treated different persons on the false presentation of facts as having supernatural abilities. This, according to the indictment, has been done, although there were no professional medical qualifications and no relevant licenses.
According to the prosecution, Peqan had done so with the aim of illegally profiting property. The same indictment is said to have carried out improvised, futile treatments, and inciting them to pay various amounts of money from 20 euros to more than 3 thousand euros, so that this ongoing criminal act has resulted in illegal property benefits of about 1m euros.

For these, he was accused of committing criminal work “the illegal exercise of medical or pharmaceutical activity” by Article 262, KPRK's paragraph 1 concerning the ongoing criminal fraud work by Article 335, paragraph 5 of the Penal Code. The Special Prosecutor charged the accused Peqani with even the criminal act of “Art kept without permission”, since, according to the indictment, during police search at his house in Prizren, weapons have been found, type “Girsan” and type hunting rifle “Super Champion”

The prosecution claimed that “Burdushi”, in order to hide property acquired through criminal activities, starting in 2006, has put such money into the banking system with the reasoning that it thus pays the loan installments and then has carried it out through bank transfers, so that it has ultimately integrated them into playable and realistic assets. For these actions, he was accused of “criminal acts Money laundering” by Article 302 of KPRC regarding Article 32, paragraph 1 and 2, subparagraph 2.1 of the Law to Prevention Money Laundering and Terrorism Financing. /Betimy for Justice

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