Supremeian retrials case of sentenced to eight months and eight days in prison for 15-year violation

The Supreme decision appears to have been made on April 16, 2024.

Initially, the District Court in Pec (at the time) accused P.K had sentenced him to 2 years in prison for the criminal offence that Court Appeals had turned into retrial.

In the retrial procedure, the Constitutional Court in Pec on July 15th 2021 sentenced the accused P.K to eight months and eight days in prison, and once again Appeals on July 6, 2023, the case turns into retrial.

After being retriald again by Apel, the Founder in Pec now sentences him to five years and six months in prison for the same criminal work, but now Appeals changes this act and the P.K condemns him to two years in prison.

In this recent act of Appeals, the protection of the P.K holds a request to review the Constitutional Court's criminal procedure in Pec, claiming that new evidence has been presented in the criminal case against the P.K.

But this court refuses the P.K for reviewing the procedure with the reason that reviewing the criminal procedure can only be required in cases where we have a firm form and which according to the Foundation in Pec does not exist.

And it turns out that this decision of the Foundation in Pec is also approved by Apel's with the reasoning that the decision is fair and legitimate so the Supreme will turn the matter into a re-establishment of Appeals to correctly assess the defense requirement for reviewing the procedure.

But Appeals even in the restoration again refuse the review protection requirement, but according to the Supreme Authority of such Apel decision it turns out that no guidelines have been applied on how to act in Apel's restoration.

According to the Supreme One in the concrete case, a specific situation has been presented as the basis for reviewing the procedure is the second degree, and all of this after it was filed with the new evidence specifically in the complaint submitted by the damaged side was forged, implying that the complaint was filed by an unauthorised person.

Through expert S.G. expertise, the complaint filed against the Constitutional Court Act in Pec, where the P.K was sentenced to eight months and eight days in prison has not been filed on the part of the injury, so signing in complaint is not of the damaged party.

Therefore, according to the Supreme in the retrial Apeli should consider allowing the complaint filed by the damaged side against the Constitutional Act in Pec, where the accused P.K. He was sentenced to prison, and this in proportion to the expertise of the grafology expert S.G.

In this regard, on October 27, 2021, the chairman of the Supreme Court of Kosovo, Enver Peci, had asked the head of the Constitutional Court in Pec, Armend Berisha to take legal action to address the disciplinary responsibility in this case.

In this case, also head prosecutor of the Peja Founding Prosecutor Agim Kurmeha has initiated disciplinary procedure against Prosecutor Freedom Morina.

And then Kurmeha, following the assessment of the subject paperwork, has begun the initiative of the disciplinary procedure against the juvenile prosecutor, Lirije Morina, due to the 15-year-old violation.

While the Kosovo Judiciary Council (KGJK) at the 270th meeting held on 27 October 2021, with closed doors, has ruled on the suspension of the Court of the Founding Court's Court in Pec, Florije Zatriqi, who pronounced eight months and eight days in prison against the P.K. for the rape of the minor.

That ruling was confirmed by the Supreme One, with the ruling made on December 6, 2021, where the complaint exercised by Judge Zatriqi was rejected against the KDR's decision of suspension.

But, the Kosovo Judiciary Council (KGJK), on April 28, 2022, has issued a decision on the degradation and permanent transfer of Judge Florije Zatriqi to the General Department of Counter-Defiction Division under the Constitutional Court in Pec.

In contrast, the Court of Appeals, on March 13, 2014, had turned this case into a retrial because of the inconsolation of the condemnation of the head of the work.

Otherwise, according to the indictment filed on March 26, 2012, by the Constitutional Prosecutor in Pec, accused P. K, charged that on an indefinite day of January 2021, in an uninhabited house along with minors F.H. and A. I, they committed child rape N. N, aged 15.

According to the indictment, after the minor was released from the hospital, defendant P. Along with minor A. I, through violence and under threat of a knife from minor A.I, had been sent to an uninhabited house and then minor A.I had summoned the minor F.H, who had gone to the house in question and had been present in the police case all night.

With this, the accused committed the criminal act of “rape”, from Article 193, par.3 points 5 related to the KPP's par.4, for which sentence of 5 years to 20 years in prison.

Regarding this indictment, the District Court in Pec on November 6, 2012, had originally convicted defendant P. K, with a term of 1 year, had pronounced prison sentences for minors in length of 1 year.

Later, this ruling had been broken by the Court of Appeals on March 13, 2014, and the case had been returned to the Pec Court.

On the other hand, in the retrial, after isolating the procedure against defendant P. K, the court of the case, Florije Zatriqi, at the request of the defendant's defender, attorney Idriz Daci had scheduled the trial review hearing on July 17, 2021, in which he was present, his accused and defender, but were not present damaged, nor the representative for the Protection of Victims, Rauf Pozheg, who had not reasoned.

In this retrial hearing, after reading the indictment by prosecutor Lirimije Morina, the accused has been found guilty of being charged.

For this plea of guilt, the judge of the case, the defendant has been sentenced to eight months and eight days in prison.

In reasoning with that sentence, the judge had found no serious circumstances but only extenuating circumstances.

The alleged “has shown correct behavior during the initial review, and has further pleaded guilty and expressed regret over the criminal act he committed. Now he has established extramarital ties, and from this relationship has a four-month-old daughter, that since the work has been accomplished at the time, as the court's calmer was aware that at the time of his execution, the accused was a grown-up of 21 years, and the personal characteristics of the accused that at the time, he was associated with witnesses F.H.I. and witnesses who were minor and had friends, these circumstances speak of his psychic maturity at the time of carrying out of the criminal work, as well as the declaration of injury given to the police and the prosecutor in the case where he had not had sexual relations, the Zaqitrez, the court says. / Justice Trust