Glauk Konjufca and others plead innocent for tear gas drop in 2015 in the Assembly

Following the indictment's statement, the only judge in this case, Adnan Kamberi, made it known that the criminal act “Pegim of the official person in carrying out the official duty”, with which the accused was charged, has reached the absolute assult prescription, reports the “Bettim for Justice”.

Later, Judge Kamberi informed the accused that within the 30-day deadline, they could challenge the evidence and demand to drop the indictment.

According to the Pristina Constitutional Prosecutor's Act of February 22, 2016, Glauk Konjufca, Pal Lekaj, Besa Baftiu and Aida Dorgi had used the weapon ( loty gas) contrary to the law, in the way that on December 14, 2015, about 10:00 after the opening of the plenary assembly in the Parliament of the Republic of Kosovo, Konjufca, Lekaj and Baftiu, while at 11:00 an hour in the shed hall of the Parliament, the former gas distribution had been activated, where the MPs had been released with the gas station.

Therefore, with these same actions are charged with criminal activity “using dangerous weapons or tool” by Article 375, paragraph 1 of the Kosovo Criminal Code.

On the other hand, in the second device of the indictment, Glauk Konjufca, Pal Lekaj, Besa Baftiu and Aida Derguti on December 14, 2015, after using tear gas described as at the first point of the indictment, unable to prevent the position of MPs within the Parliament hall and headship for the adoption of laws according to the agenda, despite the will of MPs who have not been able to resist the atmosphere of creation, for what has been due to cut off the work and displacement of MPs from the plenary hall.

So with these actions, the same is charged with criminal activity “Pegim of the official person in performing official tasks” by Article 409, paragraph 1 of the Kosovo Criminal Code.

Always according to the indictment, the latest device says that Teuta Haxhiu and Time Kadriy on December 15th 2015 had the same weapon (the tear gas) and opened up the meeting in the House of the Republic of Kosovo chairman's hall, first since he had the same tear gas gun in his possession, gives it to Kadrij, who also holds it in his possession and then handed it to the accused Lekaj, who then uses the same one as at the first point of the act.

Therefore, with these actions, Haxhiu and Kadrijaj are being tasked with criminal work “maintaining ownership, control or unauthorized possession of weapons” by Article 374, paragraph 1 of the Kosovo Criminal Code.

While, criminal work “Pestim of the official person in performing official tasks” by Article 409, paragraph 1 of the Penal Code in Pristina's Constitutional Pristina indictment of February 22nd 2016 to Kosovo Parliament Speaker Glauk Konjufca, MP Paul Lekaj, and former President Besa Baftiu and Aida Drdgi, was signed on December 14th 2021.

In this case, Parliament Speaker Glauk Konjufca, deputies Paul Lekaj and Time Kadrijaj, as well as former President Besa Battiu, Aida Drdguti and Teuta Haxhiu are charged with throwing tear gas at the Assembly facility in December 2015, reports “Betim for Justice”.

Konjufca, Lekaj, Baftiu and Dagguti are charged that on December 14, 2015, around 10:00 after using tear gas, unable to defeat the position of deputies within the Parliament hall and Headship for adopting laws in the agenda, despite the will of MPs who have not been able to resist the atmosphere, for which there has been disruption of the work and displacement of MPs from the plenary halls.

So with these actions, the same are charged for criminal work “Pegim of the official person in performing official tasks” by Article 409, paragraph 1 of the Kosovo Criminal Code (KPK).

Hence, starting with the date when criminal acts were committed by the accused, specifically December 14, 2015, and based on the Criminal Code, where Article 106 determines the case of prescribing criminal acts, it turns out that this work was signed on December 14, 2021.

Criminal work “Pegim of the official person in performing official duties” from Article 409, paragraph 1 of the Kosovo Criminal Code, 2012, envisions the impunity of 3 months to 3 years in prison.

Anyone who by force or serious beating prevents or tries to prevent or prevent the official person from performing official tasks or by using the same means forces him to perform his official duty is sentenced to prison of three (3) months to three (3)x1>, said KKP's Article 409.

Thus, by calculating the term for the presentation, it turns out that the relative prescription of these works takes place after three years, while the absolute prescription takes place six years after the work is done.

“tre (3) years from committing a criminal offense to more than one (1) year imprisonment” says in chapter 10, Article 106, entry 1.5, referring to the relative prescription of prosecution.

Near the prescription, for accused Teuta Haxhiu and Time Kadriy also appears to be criminal acts “maintaining ownership, control or unauthorized possession of weapons” from Article 374, paragraph 1 of the Penal Code, which in criminal act envisions fine sentences of up to 7 thousand and 500 euros, or prison for up to 5 years.

The relative prescription for this crime turns out to be 5 years old, already absolute 10, and thus jeopardised on December 15, 2025, as the act under the indictment was carried out on December 15, 2015.

“Five (5) from carrying out the criminal act punishable by more than three (3) years in prison”, says Article 106, KPK's 1.4 points, referring to the relative prescription of prosecution.

Meanwhile, criminal work “Using the weapons or dangerous tool” from Article 375, the 1st CKP paragraph that Conjufca, Lekaj, Baftiu and Dorgi, which envisions jail sentence of one to eight years, can be signed on December 14, 2035.

That's because the relative prescribing of this crime is 10 years, already the absolute 20 years.

“30 years (10) due to the conduct of criminal acts punishable by more than five (5) years in prison”, says Article 106, points 1.3 of the Penal Code referring to the relative prescription of prosecution.

Other processes described:

Judgment of these cases is turning out to be challenging for the Constitutional Court in Pristina, as the pre-written act of the Pristina Constitutional Prosecutor against Chief Prosecutor Konjufca for criminal work “Pingim the official person during the performance of official duties”.

Meanwhile in Apeli, for the same indictment, but for criminal work “the use of weapons or dangerous tool”, the case is waiting for epilogue because the Foundation had freed Konjuf from this criminal act, which the decision has filed with the Constitutional Prosecutor's complaint in Pristina.

Also, for Jelal Svecla and the three deputies of Vetevendosje, Drita Milaku, Salih Zyba and Victory Pacolli-Dalip were prescribed the same criminal work on March 21st 2024, thus continuing trial for criminal work “Use of the weapon or dangerous vehicle”.

Svecla and others have been described as another criminal act in another Pristina Constitutional Pristina indictment and the one for hooliganism during the VV protests in 2013.

Also, because of the prescription, Appeals has rejected the act of Constitutional Prosecutorship in Pristina in the case of Xhavit Haliti's attack on Arben Gashi.

Even for MP Valon Ramadani, it appears to have been signed criminal acts “Pingim of the official person in carrying out the official task” and on March 21, 2023, which the final hearing in the case appears to have been held on February 23, 2024.