In the absence of convincing evidence, the Court frees Skender Hysen from accusations of not reporting property

Hyseni was charged with declaring the type “Volkswagen”, worth 13 thousand and 300 euros, owned by his wife.

According to the complete act of the Foundation, it is said that by acting in the fair and precise implementation of legal provisions, with free conviction, the Court in the absence of evidence has come to the conclusion that by its actions, Hyseni has not been proven to have committed criminal work.

The court stresses that the prosecution's claim that Hyseni deliberately committed criminal work was just a suspicion, which has no support in any credible-relevant evidence.

According to the Court, it is not controversial that the accused did not declare his wife's car on August 14, 2020, and that is confirmed even with the defendant's statement and the form of property declaration. But the contestant is said to be the fact that he deliberately did not submit the data on the form for property statements (did not declare the car).

Always according to the Court's trial, it is said that by the testimony of the AKK official, the court has confirmed that the accused has been vetted with wealth by lots. It says that after the Anti-Corruption Agency had requested clarification, within the 15-day term Hyseni has responded to official persons related to his wife's property, which he has not declared.

Therefore, the court has found that, on the basis of this, it has failed to prove that the defendant Skender Hyseni committed the criminal act for which he was charged because the testimony failed to prove the actions or inactions of the same was intentional or not, whether that goal was”, it is said in court.

According to the first degree, by managing material and personal evidence, there has not been proved to be elements of the criminal act of unacceeding wealth.

This, according to the court, as criminal acts in question are carried out only deliberately and that by the administration evidence and the final word of the accused Hyseni, no elements have been found of the conduct of criminal acts of contempt of property.

“That with the inactions described in the device of the indictment of the accused's plea, Skender Hyseni, with the prosecuted evidence of which the court forgave trust, it was not proven that the key elements of the criminal act it was charged with exist, and that some of its inactions are not incriminating because nothing illegal” was hidden from them, it is further said.

It says that Hysen's wife had passed the car with authorization to exploit three of their children, as evidenced by the evidence found in the 1 March 2019 car authorisation paperwork given in the presence of the swimmer.

“... thinking that the same car is not necessary to declare and that it was the reason for the failure, because it had been his conviction that it was not obliged to report, because in the form for the declaration of wealth it has carefully stated all the riches and gifts of the wife, and that there was no reason to hide the same property, so that the same fact within the legal deadline has been answered in the request for clarification required by ATK, in which it is correctly responded to the fulfillment, as required in the legal constitution, as required in the judicial constitution, as stated in the judicial act.

It also says that in view of the fact that he could not prove his will, the court has forgiven the accused's full trust in the defence of Hyseni, since the same has been in line with evidence administered during the trial.

Hence, in the absence of convincing and untenable evidence, the Court acquitted Hyssen of the prosecution.

Otherwise, on these charges, Skender Hyseni was declared innocent at the initial session held on January 12th, 2022.

While the Constitutional Court in Pristina had ruled on February 23rd 2022, it had rejected the request for impeachment of the indictment and objections of evidence exercised by the defendant's defender with the argument that the collected evidence provides sufficient grounds for well-founded doubt that the defendant has committed the criminal act, which is placed on him and has grounds for establishing the current indictment.

Against this act, within the legal term the complaint has exercised defender Hyseni, lawyer Podvorica because of the substantial violation of criminal procedure provisions, the wrong enforcement of criminal law and the error and incomplete confirmation of the actual situation. While the Appeals Prosecutor had proposed that the defendant's defender's complaint be rejected as baseless, while the complaining act be confirmed.

The Court of Appeals, on the other hand, has confirmed the indictment against accused Hyseni, while attorney Podvorica's request has been turned down as unfounded.

According to the indictment compiled in December 2021, Pristina's Founding Prosecutorship charged Skender Hyseni that in the form for wealth statements, he did not submit the required data, not declaring a “Volkswagen”, worth 13 thousand and 300 euros, owned by his wife. /Betimibility.