stab shot in the “cafe, Konak” in Ferizaj, Appeal confirms the 18-year prison sentence to the accused

The Court of Appeals has proved the 18-year sentence on accused Dardan Shaban for the now murder of the late E.I, in 2018 at Ferizaj.

The Foundation Court in Ferizaj, in the retrial on July 17, 2023, had sentenced Shaban to 18 years in prison.

To the Constitutional Act, the complaint had prompted the Constitutional Prosecution in Ferizaj, proposing that Appeals against accused Shabani pronounce the most severe sentence. The same offer was made by the damaged side.

The complaint had also prompted the defender of the accused Shaban, lawyer Skender Musa, proposing that Appeals change the Foundation's decision so that his defense can free him from prosecution, claiming he acted in necessary defense.

However, according to Apel's decision, the complaint claims of the parties in the procedure do not stand, and that the foundation decision is not included in violation of legal provisions that would condition the annulment of this decision.

According to Appeals, the first degree device is clear, understandable and concrete, as there are links between the device and the reasoning given in the decision concerning the accused's sentence for criminal work “heavy murder”, reports the “Law Vow for Justice”.

Always according to Appeal, it has been argued that the accused Shaban has stabbed the deceased now just as indiculated acts have been described.

The second rate estimates that the evidence and paperwork reveals that the murder was committed as unculcululous revenge, as the accused before a year now had physical conflict with the late E. I, for which he was found guilty of attempted murder.

Further, it is said that he considers the very statement of the accused Shabani, an eyewitness statement F. B, but also video-inctation, suggests that there was a direct wish in this case.

Likewise, Apel has found the appointment of the type and height of the sentence in this case, since according to this court, the Foundation has rightly taken on the basis of whether the extenuating or burdensome circumstances in the case of the appointed sentence to be pronounced as the declaration of prejudice.

Otherwise, the act of Basic Prosecution at Ferizaj, in this case, charged Dardan Shaban, Meriton Musel, and Albion Ahmeti.

In this case, in the first trial, on February 1, 2021, the Constitutional Court in Ferizaj had sentenced the three accused of serious murder and participation in beatings to 25 years in prison.

And on April 16, 2021, the Court of Appeals has turned this case into a retrial for accused Dardan Shaban and Meriton Murseli. However, since the accused Mursel lives in Canada, the procedure had been set aside for him.

In the retrial, however, the Foundation Court in Ferizaj on July 17, 2023, had sentenced Sheba to 18 years in prison.

According to the indictment filed on March 11th 2019 by Ferizaj's Constitutional Prosecutor, defendant Dardan Shabani is charged that on June 15, 2018, about 10:10, at the café “Konak” in Ferizaj, with direct intent and with the intent of revenge had now deprived the deceased E's life. I, because of a disagreement a year earlier, where the deceased had now stabbed him with what had caused him serious bodily injuries.

As reported in the indictment, the accused Shaban, along with accused Meriton Mursel and Albion Ahmeti, had gone to cafes where the late man had now worked as physical insurance, with whom he had drawn a knife with which he had sneaked down and the defendant Shaban had stabbed eight more times on the back and on the neck, the defendants from Mursel and Ahmeti, who had been hit with chairs and bottles of beer, with cerras, now the deceased had been shot down and the defendant Shaban had hit eight more times with a knife at the back and the neck, from the heavy injuries and blood, which he suffered, as a result of his internal injuries and blood, as a result.

For this, the defendant Saban was accused of committing criminal acts “grave murder”, from Article 179, paragraph 1, under paragraph 1.8 Penal Code.

Also, on the same date and place, he had caused minor bodily injuries to the injured E.S., so that after the injured man had intervened to separate the defendant and now the deceased, Shaban had stabbed him in the front of his right hand, which had pierced the front door.

For this, he was charged with carrying out the criminal act “light bodily access”, from Article 188, paragraph 2, concerning paragraph 1, subparagraph 1.4 of the Penal Code

On the same date and place, defendants Murseli and Ahmeti, according to the Prosecution, had participated in beatings where the deceased E.I. was left dead, so that he and the other participants who had attempted to share had been hit with bottles of beer.

In this regard, each alone is said to have committed criminal work “The participation in the beating of”, from Article 190, paragraph 2 of the Penal Code.

Always according to the indictment, with the same date and time, defendants Musliu and Ahmeti are said to have caused slight bodily damage to the injured I.E. and E.S., who had attempted to separate the defendants and now the deceased, where both of the accused had been hit with chairs and glass bottles, from which the shocks of the two injured had suffered slight bodily injuries.

In this regard, they are said to have carried out co-ordination criminal work “light bodily access”, from Article 188, paragraph 2 concerning Article 31 of the Criminal Code.