13 minutes agoKilled the boy for property by Podujevo, Appeal confirms the 25-year sentence
Periskopi(2 years ago)
(2 years ago)The Court of Appeals has confirmed the conviction of the Pristina Constitutional Court, with which Naim Smajli has been sentenced to a unique 25-year sentence for killing his son E.S. The Constitutional Court Act in Pristina was announced on March 8, 2024. The Court of Appeals through the act of judgment compiled on July 2nd [...]
The Constitutional Court Act in Pristina was announced on March 8, 2024.
The Court of Appeals through the act compiled on July 2, 2024, has condemned the Pristina Constitutional Prosecutor's complaints and defenders of accused Smajli, lawyer Abbit Asllani, as groundless, while proving the 25-year sentence on Smajli.
The Court of Appeals estimates that the complaints do not stand, nor did any other violations of the criminal procedure provisions, which would have conditioned the annulment of the complaint case.
Apeli has found that the alleged complaints are groundless because there are no complaints that the complaint act contains essential violations of criminal procedure provisions.
“Dyx also the reasoning of the act is clear, understandable and concrete, and the same is in full compliance with reasoning and also the summary of the device has become consistent with the provisions of Article 369 par. 4 related to the 364 KKPPRK article, where all facts and circumstances pertaining to critical events, facts and circumstances all the objective elements and subjectities of the criminal offense are involved in the serious murder by Article 173 pars. 1 under the money.3 of KPRK, and criminal work possession, control or unauthorized possession of weapons by Article 366 pars. 1 of KPRK, for whom N accused. S. and has been convicted of”, stated in the indictment.
Always in accordance with Apel's act, in the device of first degree bias all incriminating acts of indictee Smalji dealing with the way the accused had now shot the deceased, without being attacked, insulted or mistreated by the late E.S.
Among other things, the court in the first instance is said to have rightly ascertained that it was a serious murder, committed directly, not as if it claimed by Aslan's lawyer for “Murder committed under the influence of a severe mental shock”.
Apel also estimates that the first - degree court had given clear reasons for the country, the time and manner of committing criminal acts, and the way it has come to carry out criminal work by accused Smajli.
The first-instance court's conclusion, that the accused has deliberately deprived the deceased E.S. now of life, thus committing the criminal offence of hard murder by Article 173 pars. One under the front. 3 KPRK, and with it criminal possession, control or unauthorized possession of weapons from Article 366 pars. 1 at KPRC is fair, reasonable and based on evidence and other letters of subject”, said in the indictment.
According to Apel, there was no circumstance that could have influenced accused Smajli to act under the influence of severe mental shock, and that the first-degree court has rightly rejected attorney Aslan's proposal for other expertise.
Also, in the indictment, it was stressed that there are no complaints that the complaint act was involved with essential violations of criminal procedure provisions, adding that the first instance court, right and completely, has fulfilled and praised all the circumstances that affected the appointment of type and height of the sentence.
In contrast, according to the indictment filed by Pristina Constitutional Prosecutor on December 22, 2022, Naim Smajli about 5 o'clock in the village of Bajcina, the Podujevo municipality because of property disputes, has deliberately deprived his son of life now at the late E.S.
The accused Smajli, according to the indictment, has fired his late son E.S.
With these actions, Smajli was charged by the Prosecutor for Criminal Work “grave murder” by Article 173, paragraph 1, box 1.3 of the Penal Code.
Always according to the indictment, Naim Smajli from an indefinite date until June 13th 2022, has kept in place the weapon of the type “autotype <x0-type” contrary to the law, an explosive tool, hand grenade and, with their possession, the accused Smajli was charged with having committed the criminal work “being held in ownership, audit or unauthorized possession of arms<3> from Article 366, paragraph 1PRC, reports the statement.
