Noter and three accused are acquitted, 5 years in prison and 5 thousand euros in fine for the other accused

Noter Bedri Godndi along with his assistant Besart Godnaki, as well as accused Bali Arifaj and Sinan Kryeziu, have been acquitted of corruption and counterfeiting the official document, while Elmi Arifaj was sentenced to 5 years in prison and 5 thousand euros in penalty for fraud.

The court's chairman, Nushe Kuka-Mekaj, Raposon “Justice bet”, made the statement Friday.

To indictees Elmi Arifaj, the court pronounced a conviction case in connection with criminal fraud, condemning him to 5 years in prison, as well as 5 thousand euros in fines.

The accused Arifaj was also charged with paying court procedure spending and with the court capacity amounting to 100 euros, as well as 50 euros for the crime victims' funding, to the 15-day term from the day of the integrity of the act.

The provisional measures issued by the judge of the preliminary procedure were also revoted, and the damaged side was instructed in civil disputes.

And the accused Bedri Godxani, Besart Godnaki, Bali Arifaj, and Sinan Kryeziu were released from the act.

“In the evidence that we've administered, in particular from the defense of Elmi's prosecution, has resulted in Elmia's having it all figured out, the moment an act was compiled in the concrete case of authorisation in question, it's compiled because it was asked by Elmiu to be compiled in the notary office and telling him that D., to sign him, then call him on the phone and tell him he's in the house and he can't come back and he can't come back, said Judge Kukaj-kay.

According to her, from the administered evidence it was seen to be also deceived by his assistant.

This case is given that a number of services have been performed at the notary in question that have been performed and several transfers, mortgages, notary confidence, in question send his assistant to sign authorisation in the village of Trsnik, but from adminsitated evidence has been seen as being deceived by Besart Godnaki and has been signed authorisation by a completely different<1>, the judge said.

According to her, in this case notary Bedri Godndari had committed ethical violations that he sent his assistant to obtain authorisation, but in the Law on Noteria, it says it is neither described nor permitted.

She said that in administrative instructions, she has found that for all the facts, writing has to do only notary.

But in the concrete case, according to Judge Kuka-Mekaj, to commit criminal acts of abuse, abuse, failure to fulfill or exceed official duties, two objective elements and subjectives, the direct wish must be fulfilled.

According to her, the adminst evidence proved that there was no direct intention of sending the same authorism to be forged.

The other line that attracts the benefit or damage caused to the other person, we have not confirmed and in the absence of these two elements we have come to the conclusion that there is a breach of the Ethics Code, but this is not in our hands, it is in the capacity of a completely different institution, but we have not found that there is criminal responsibility”, said Judge Kuka-Mekaj.

And on the charge that in co-ordination with others, the judge points out that Godanci said he was unaware of either who was signed, but forging the official document in relation to the official person has to do with changing the data of any decision.

In the concrete case, the judge said that the compile has been done as required by the parties, but the signing has been made by other parties and that the other parties to carry out the falsification work of the official document should have the position of the official person, which, in concrete case, neither Elmiu nor Baliu nor Sinan had.

As for accused Besart Godanci, the judge said that even if it turns out it has helped you forge this authorization, for all actions of the swimmer's office respond to notary. Hence, he was not responsible even if the swimmer wanted to be forged, for which reason he was released from the charge.

Otherwise, at the hearing, held on August 5, 2022, the accused have been found innocent of the Peja Prosecution's prosecution.

By contrast, swimmer Bedri Godndi was charged with three criminal acts of abuse of official duty in a continuous manner. The same was also charged as co-chairman with defendants Elmi Arifaj, Bali Arifaj and Sinan Kryeziu for falsification of the official document. Defendant Besart Godzko was charged with helping him commit the criminal act of forging the official document. But defendants Elm and Bal were also accused of fraud.

In the act filed and improved on June 29th, 2022 by the Peja Prosecutor, defendant Bedri Godzko was charged with having failed to fulfil his official duties in order to benefit indictees Elmi and Bali Arifay on June 13, 2017.

With this, it was accused of continuing to commit the criminal work of “Use of official duty or authority”, by Article 422, par.2, subpar.2.2 related to par.1 and Article 81 of KPRK.

The prosecution charged defendants Bedri Godndi, Elmi Arifaj, Bali Arifaj and Sinan Kryeziu for “Falsification of the official document”

The defendant Besart Godndi was charged with being a swimming assistant on June 13th 2017 helping to commit the criminal offence of the official document. It is said that the defendant in agreement with defendants Bedri and Elmi Arifaj, the defendant's knowledge Bali, whose author had previously compiled the defendant Bedri, has authorized the defendant to sell all his property and carry them to the mortgage.

With this, it was accused of committing criminal work “Help in carrying out the counterfeit work of the official document”, from Article 434, par.1 concerning 33 of the KPRC.

The defendants Elmi and Bali Arifaj were charged with being repeatedly charged on June 13, 2017 at the National Trade Bank (BKT) in a follow-up with false presentation of facts with the intent of illegal profitability, having placed bank officials at the expense of their property, introducing counterfeit authorization as author D.A., and benefiting 250 thousand euros in credit by leaving the property-damaged hostage, which the credit does not pay. The same are also charged with entering trading reports with property of the injured D.

Defendant Elmi Arifaj was charged with being charged on July 18, 2018 in Cline, even though he was aware that the properties were in the name of the D.A., in the cadastral register, he sold his property according to the contract on trading here to the N.M., through his father for the amount of 260 thousand euros.

With this, they were accused of committing criminal work “fraud”, from Article 335, par.2 and 4 related to par.1 with Article 31 and 81 of KPRC.