Appeal confirms sentence: 22 years in prison against accused of 2019 in Pristina

The Court of Appeals has served the Pristina Constitutional Court's sentence of 22 years in prison against Besnik Shkodra for the criminal act “grave murder” and “Art kept without permission”, meanwhile, has confirmed the release of Baki Shkodrich for criminal work “Murder push”

In this criminal case Apeli on July 6th 2023 had held the hearing where the complaint of the Constitutional Prosecutor in Pristina, the representative of the damaged party, attorney Jeton Osmani, Shkodra defender, lawyer Skender Musa and the defender of Shkodriqi, lawyer Sadije Medici, reports the “Bettim for Justice”.

This Appeal decision was taken on July 6th 2023 by the college president's judges, the Aazi Jevdet and the members of the judges, Hashim Colak and Becir Kaluldra.

According to Apel's decision, the court's college has found that the Foundation in case of taking a plea is not included in essential violations of criminal procedure provisions, thus placing fairly and completely in place for criminal work “grave murder” against Shkodra.

This court's <x0.>Colegy has assessed the court's act of first degree, according to the complaint exercised by the Constitutional Prosecutor in Pristina, and the defender of the accused B.S., lawyer Skender Musa, as well as other subject papers, and has concluded that in this case the same criminal case is not included with the essential violations of the criminal procedure provisions, by Article 384 KPPK, for which violations are also enforced according to official duty in the sense of 394 KPP. First court, in a fair and complete way, has seen that in this criminal case, we are dealing with the criminal offense of the murder of Article 178 of the KKP, given that the criminal act was committed by d.27.02.2019, which in force was the Penal Code, 04/L-082, d.20.04.2012, in broad power with d.12.03.2019, when the Kosovo Penal Code, No.06-07, code.

The appeal has also come to the conclusion that the act of Foundation is in harmony with itself, with a reasonable and clear argument including all the crucial facts that characterize criminal activity “grave murder”.

And the college of this court has also concluded that the first-instance court's access device is in harmony with itself, as well as with the reasoning of the act, clear and understandable, because it included all the crucial facts that mark criminal work, by Article 178 of the KKP, which means that in this criminal case, the law which has been in force at the time of the conduct of the criminal work” is stated further in Apel's decision.

Apel's decision also states that the Founding Foundation by relying on material evidence has provided sufficient reasons for each point of judgment.

“also in the indictment have been given sufficient reasons for each point of the indictment, resulting from the reasoning of the same, since the first-instance court as material evidence managed the MA90-058 autopsy report, dt.22.05.0219, by expert Dr. Naim Uka, expert report with no. AKF2019-0076, dt09.08.2019, serial expert report AKF2019-0643/2019-564, d.26.09.2019, expert report. AK0643/2019-565, dt.15.2019, phone messages drawn from the phone confiscated in the middle of B. and B., photos of documentation from the subject paperwork, as well as all other personal evidence, so the court's first degree college has come to the conclusion that once the incriminating elements of the criminal act of murder by Article 178 of the KK, and criminal work ownership, or possession of arms, from 374KP, it has been charged and declared the corresponding sentence of the sentence of the sentence of the deceased, the constitution is said in the 1st.

Regarding the prosecution's complaint of legal rescindance made by the Founder by the criminal act “vrasing” on criminal activity “grave murder”, according to Apelli, such resultation has been fair and based on evidence administered during this trial process.

The “So after the assessment of the same has correctly decided when he made the legal requalification of the serious murder, from Article 179 par.1 points 1 related to Article 32 of the KKP, to the criminal act of murder, from Article 178 of the KKP, and criminal possession, control or authorised possession of weapons by Article 374 of KKP<1>, is said in the decision.

For the accused, Shkodriqi in Apel's decision, it is said that the Foundation has decided correctly on the case of releasing the same from the prosecution for pushing to commit a murder offense after it has not proved to have committed this criminal act.

“As for the second indictee B1.S., after failing to prove that in the actions of the same have been formulated the key elements of the criminal act that are being weighed down, the same in the sense of Article 363 par.1 points of KPP, it has been cleared from the prosecution by bringing about a legal bias, since it has not been proven that the accused committed the criminal work for which he was charged”, notes in the Apel decision.

On the other hand, Appeals has stressed that the Foundation has rightly decided on the height of the prison sentence, as with such a sentence, the effect will be achieved and the purpose of punishing the head of criminal work and others.

“So in the presence of these college circumstances is convinced, that with the same conviction pronounced, the effect will be achieved and its goal will be achieved, to prevent the chief of future criminal acts and to conduct its rehabilitation, prevent other people from committing criminal acts, to make compensation to victims or the community for the losses or damages caused by criminal acts, and to express social judgment for criminal work, raise morals and strengthen the obligation to observe the law, prior to us at 38KP*, further reportedly.

In this case according to the indictment filed on September 22, 2020, by Pristina Constitutional Prosecutor, Besnik Shkodra was charged that on February 27, 2019, in Pristina, after a previous dispute between him and now the late A.J., on the critical day, while the deceased was stuck on the “Hagji Zeka” with his type “Opel OmegaNC3> car, was stopped on the road with the <x4Ci> cex> before the local name <T6>

The defendant, it is said, has briefly observed the deceased, who was coming towards the road where he was and approaching a distance of 4-5 meters, the accused deliberately to deprive him of life has fired weapons of the type “Cervena Zastava<1>, M70, the 7.65mmm calibre 7.65mmmmm, in the direction of the deceased. J, who was in the car.

According to the charge, the deceased now leaves the car, where the defendant has fired a gun in his direction again, with the dead man now walking 2-3 meters and falling to the ground.

On the other hand, the indictment says that after wounds sustained on the back of the hand and in the rear left region of the back, it changes life at the scene. For this, Besnik Shkodra was accused of criminal activity “grave murder”.

However, in the second device of the prosecution, he was charged with possession, control, or unauthorized possession of weapons, since according to the prosecution, from the indefinite date of February 27 to February 27, 2019, the same one without authorization has held the high-handed weapon by violating the applicable law regarding the weapon.

On the other hand, Bucky Shkodrici was charged with deliberately pushing defendants loyal to Shkodra, his son, to carry out the criminal act of murder described in the first device of the indictment.

The indictment says that during the investigation, Bucky, the defendant on the morning of that day, has sent a text to Faithfulman with words “and filled”, while the defendant after completing the murder informed the defendant by code of “the head”, and that happened a few minutes after the murder was committed.