Appeal lowers the sentence of two indictees in the case known as “Fund 3%”

In addition, the panel of judges with presiding Abdullah Ahmeti and members of Skenderj Chocaj and Mehmet Ndkaj at the session held on December 19th 2023 have made the decision that the rest of the fundamentals' bias remain unchanged, reports the “Justice Vowtim”.

“On case of defendant N.O, av complaint. F.L. and defendant A.G.'s complaint, av.H. The US, and according to official office, changes the Constitutional Court Act in Pristina, P.2557/21 of the 2306.2023 verdict, so that indictees N.O. for the criminal act it has been convicted of creates prison terms for 18 months which the sentence will be executed in the 15-day term after the failure of the indictment, accused A.G. For the criminal offence he was convicted of serving prison terms for 18 months, which the sentence will be executed in the 15-day term after the full might of the act of”, the Apel's trial is said.

In this case, Naser Osmani, former deputates from the ranks of the Democratic League of Kosovo (LDK), Father and Gashi and former adviser to former Kosovo Prime Minister in Executor Bujar Bukoshi, were charged with the criminal work of “Using”. While, for accused Bujar Bukoshi, the procedure was isolated, reports the “Justice Trust”.

Appeals' reasoning is said to have declared the Constitutional Court in Pristina on June 23rd 2023 guilty of condemnation against indictees Naser Osmani and Father Gashi because they committed criminal work in co-ordination “Using”, condemning each to three years in prison.

Under this act, the fundamental had obliged the accused to solidise the damage of 255 thousand and 398 euros and 41 cents, in the 15-day term of the intensability of this act in the budget of the Republic of Kosovo. The same were even required that each separately pay the expenses of the criminal procedure in the amount of 500 euros on behalf of the judiciary, as well as the amount of 20 euros on behalf of the Crime Victims Fund.

Meanwhile, charges of criminal activity “were rejected on the same one. The tax evasion” from Article 249 paragraph 1 of the Republic of Kosovo Penal Code due to the passage of the absolute prescription of criminal work.

Against this act, the defense of Osman and Gashi had filed complaints with the claim that procedural violations, violations of criminal law, wrong and incomplete confirmation of the actual situation have been committed. As a result, they have asked the Court of Appeals to approve their complaints by making the decision to free their defenders or even bring the case back to the retrial.

As far as the sentence is concerned, the Appeals College has concluded that the first-instance court has correctly ascertained the circumstances which have affected the appointment of the type and height of the sentence for the two indictees.

The reasoning of this act is said to have led accused Naser Osmani to take his co-operation with justice organs as well as his correct conduct in court as a facilitating circumstance.

“... While as a grave circumstance the court has assessed the legal goods protected by the penal legal provisions such as these are: financial means which have been accumulated by Kosovo citizens who have been in different European states, the historic time in which those financial means provided by Kosovo citizens in various states, the social risk of criminal work, the high will of the head in carrying out the criminal work<1>, is said to be in the judicial act, describing the same thing to the other accused, Father and Gashi.

As a result, Appeals has concluded that the fundamentals have figured out the circumstances correctly, but the fact that the two accused are family and one of them unemployed and the long term of criminal offense is sufficient grounds for reducing the sentence.

“... given all these relevant circumstances for measuring the sentence, as well as the circumstances that the accused are family persons where the accused N.O has married the father of three children, now unemployed, accused A.G. is married the father of three children, as well as the long time since the criminal act was carried out, according to the assessment of the criminal college of this court provides sufficient grounds to reason for the sentence's warning of this act”, the verdict is said.

According to them, Apel's decision has been made in the belief that the pronunciation of the sentence is in line with the intensity of the risks in society that have committed criminal acts and so forth.

“...with conviction that the conviction pronounced against the accused is in line with the intensity of the social risk of the offense committed, with the extent of the criminal responsibility of the accused as executed, and that this will serve the general province, namely, the individual, strengthening the morality of society, as well as the responsibility and discipline of citizens, and that with this perpetrators will be prevented from performing criminal acts in the future, and will become their rehabilitation. So the penal college of this court considers that the sentence pronounced is sufficient to achieve the goal of the prior sentence under KPRK's 38th provision of”, the Apel Act said.

While claims concerning substantial violations of criminal procedure provisions, incorrect assessment of the actual situation, description of prosecution for the work “Using” by Article 257 par.3 connected to par.1, related to Article 23 The KKP's panel of Courts of Appeals has considered them groundless.

Otherwise, in November 2020, Osman and Gashi were convicted of criminal abuse for what they had been sentenced to 3 years in prison.

However, on September 15, 2021, the Court of Appeals had ruled in which the case had been retriald.

According to Apeli's decision, the declaration of the court's Constitutional Court act in Pristina has not been made under the indictment filed against Naser Osman and Atter Gashi, and that the act of first degree is involved with essential violations.

The Act against Bujar Bukoshi, Naser Osman and Atta Gashi was established on April 28th 2017, on the part of the Special Prosecutor of the Republic of Kosovo.

Similarly, this subject had been put to work by Judge Albina Shabani Rama, who had held the initial review of Naser Osman and Atbani Gashi on May 23, 2018.

In this same session, Judge Shaban-Rama had decided to isolate the criminal procedure against Bujar Bukoshi, arguing that he was sick and could not appear in this initial investigation.

Then, on October 26, 2018, Judge Shaban-Rama had also held the second review of indictees Osman and Gashi, who had submitted objections to the evidence and applied for the drop of the indictment.

However, Judge Shaban-Rama, on December 3, 2018, had made a decision to reject requests for dropping the charge and rejecting evidence.

In this regard, accused Osmani and Gashi had filed complaints to this ruling at the Court of Appeals, which on January 17th, 2019, had rejected these complaints, confirming the indictment in question.

While, on January 18, 2019, this subject was assigned to the General Department judge at the Constitutional Court in Pristina, Media Bytyci, and on March 13th of this year, this subject from Appeal had been returned to the office of this court.

On the other hand, with 23 smiles 2023, even in the Constitutional Court retrial in Pristina had made the decision that the two accused be sentenced to three years in prison and compensated for the damage worth 255 thousand and 398 euros and 41 cents in the Kosovo Republic budget.

Otherwise, the Special Prosecutor of the Republic of Kosovo (PSRK) had filed charges against accused Bujar Bukoshi because of the criminal act “Using”, from Article 257, par.2 related to par.1 of KKP and criminal acts “Avoid tax tax”, from Article 249, par.2 related to par.1 of the KKP, against accused Bujar Bukoshi, Naser Osman and Atka Gashi because of the criminal act “Using”, from Article 257, par.3 related to par.1 of KKP, related to KPK's par.31, against Naser Osman because of the criminal act “Avoid tax tax”, from Article 249 par.1 of the KKP, and against accused Father and Gashi due to criminal acts “Avoid taxing”, from Article 249 par.1 of KKP.

According to the PSRK, Bujar Bukoshi is charged that during the 2008-2015 period, in order to bring himself or the other illegal wealth benefits, he has absorbed the violent wealth of other people, which has been entrusted to him, so that citizens of the Republic of Kosovo, employed outside Kosovo, have contributed monetary means to the 3% Fund, given the need to help Kosovo, which at that time was in very difficult economic conditions, each in its own ability from 3% to 10%, these have recently been transferred to the van <x> Kosova” in Pristina, in NLB, has withdrawn 90,380,000 euros in cash (which with no evidence) with any evidence has argued for what purpose it has exploited, with this damage to the 3% Fund's budget, and at the same time, Kosovo's fellow countrymen, in many of the 90,830,00 euros, as well as the 3,500 euros paid for tickets, Ing Steiner Gashi, on August 26,19, which is unknown but not known who the UFOR is not a worker.

With these actions, the prosecution charges accused Bujar Bukoshi that he has committed criminal work “Extinction”, from Article 257, par.2 related to par.1 of the old Kosovo Penal Code, as the most favourable law.

Onward, P The SRK charges indictees Bujar Bukoshi, Naser Osmani and Atka Gashi that during the 2006-2015 period, in co-ordination with each other, with the aim of bringing itself or other illegal wealth benefits, they have adopted other people's playful wealth, which has been entrusted to them, so that citizens of the Republic of Kosovo, employed outside Kosovo, have contributed monetary means to 3% fund, seeing the need to help Kosovo, which at that time was in very difficult economic conditions, each of its own options, to the last 10% of these, transferred to the NGO, UKP, which has taken advantage of the amount of the euro, which at the project has not achieved by much of the same time, or any of the euro, which has been cost-definusted by any of the 33. UFORK, and at the same time the countrymen of the Republic of Kosovo, in many of the 154,132,47 euros.

With these actions, the prosecution charges accused Bujar Bukoshi, Naser Osman and Atre Gashi that in co-ordination they have committed criminal work “Extinction”, from Article 257, par.2 related to par.1 of the old Kosovo Penal Code, as the most favourable law, regarding KPRK Article 31.

In the third device of the indictment, Bujar Bukoshi is charged with being charged that in the time period since 2008-2015, in the quality of the person responsible, chairman of the “Board. U n KFORK” and as employed there, with the aim of partially or entirely avoiding the payment of taxes, tariffs or other contributions required by law, has not included the data concerning his income acquired through transactions, on behalf of salaries which he has been obliged to declare in the Kosovo Tax Administration, and the amount of avoidance from the accused is 39,932,04 euros.

With these actions, the prosecution charges accused Bujar Bukoshi that he has committed criminal work “Avoiding tax”, from Article 249, par.2 related to par.1 Old Penal Code, as the most favourable (KPK) law.

On the fourth device, Naser Osmani is accused of being the 2008-2013 working person quality in “U n KFOR”, with the aim of partially or entirely avoidance of paying taxes, tariffs or other contributions required by law, has not included the data regarding his income acquired through transactions, on behalf of salaries and other revenues, which have been obliged to declare these revenues in ATK, as a result has been damaged the ATK budget of the Republic of Kosovo, with 3510 euros.

With these actions, the prosecution charges accused Naser Osmani to have committed criminal work “Avoid taxation”, from Article 249, par.1 of the Old Penal Code, as the most favourable law (KPK).

The Special Prosecutor of the Republic of Kosovo charges accused Father and Gashi that in the time period since 2008-2013, the quality of the person employed in “U n FORK”, with the aim of partially or entirely avoiding the payment of taxes, tariffs or other contributions required by law, has not included the data concerning his income acquired through transactions, on behalf of salaries, and other revenues, the same has been obliged to declare these revenues in Kosovo's Tax Administration, the amount of evasion from the accused is 2667.30 euros.

With these actions, the prosecution charges accused Father and Gashi with committing criminal work “Avoid taxation”, from Article 249, par.1 of the Old Penal Code, as the most favourable law (KPK).

Similarly, the Special Prosecutor of the Republic of Kosovo, Father and Demay, had handed over to the court on November 30, 2017, through which he had completed and clarified the indictment set up on April 28, 2017.

According to this parachute, the device below point 2 of the indictment has already been met so that accused Bujar Bukoshi- chairman of the UFORK Board, headquartered in Pristina, Naser Osmani, in the quality of NGO board member “U n KFORK” in Pristina, and Father and Gashi in the quality of the NGO cashier “U n FORK” in Pristina, in a continuation, between 2006 and 2015, in co-ordination, with the aim of bringing itself or other illegal property benefits, have absorbed the active wealth of other persons entrusted to them, citizens of the Republic of Kosovo and other countries, contributors to the world fund founded for financing the structures of the Government of Kosovo in Exal, these 3% of their monthly personal incomes, and which have been transferred to the shoot of <46> U n KFORK”, Bank “BPB” in Pristina, so that they have attracted the sum of 154,132,47 euros in cash, have neither reasoned nor witnessed the purpose of attracting this amount, assessment and consisting that proved with expertise of April 21, 2017.

With these actions, the prosecution charges the accused that, in co-ordination, they committed criminal work “Using”, from Article 257, par.3 related to par.1 of the Kosovo Republic's Penal Current Code.