Because of the prescription, Apel rejects the charge Xhavit Haliti was charged with attacking Arben Gashi

The Court of Appeals has ruled, with which the absolute prescription of prosecution has rejected the charge against Democratic Party of Kosovo deputy (PDK), Xhavit Haliti, with whom he was charged with physical assault on Democratic League of Kosovo deputy (LDK), Arben Gashi.

For this case, the Constitutional Court in Pristina on January 22nd, 2024, had declared a condemnation of Halit, condemning him to a thousand euros in fines for the physical attack on Gashi, reports “Justice Vow bet”.

“On case of defendant J. H. Lawyer K. K. and defendant J. H. and according to official duty, to the accused, J.H. , CHANGEd the Act of Foundation Court in Pristina, P.N.1868/20, the date 22.01.2024, so that the Kosovo Court of Appeals against accused J. H. , for the criminal offense, from Article 187 par.1 of KPRK, for which he was convicted by the first-degree court, for which he rejects the charge in the sense of Article 362 par.1 under a par.1.3 of KPPK, in terms of KPRK's Article 107 par.8, due to the absolute prescription of the prosecution”, it is said in the Apel's act.

In the ruling on June 6, 2024, it is said that within the legal term of complaint against the Foundation's decision had exercised Halit's protector, lawyer Kujtim Krvenshi and the accused himself, due to essential violations of criminal procedure provisions, fallible and incomplete confirmation of the actual situation, violation of criminal law and the decision regarding criminal sanctions.

The accused and his defender had proposed that the Constitutional Act be amended so that the accused be acquitted of prosecution or guilty of complaint be annulled and the subject be restored to retrial and restoration.

The Prosecutor of Appeals, on the other hand, had proposed that the accused and his defender's complaints be refused as groundless.

So, Apeli, after reviewing all the subject papers, the complaint case, and after assessing the claims in the complaint, decided that the first degree of judgment would be changed.

The second rate has found that in the concrete case, the right to prosecution is prewritten.

It says that for the work Haliti was convicted of, fined, or jailed for up to three years, while according to the Code that has been in force at the time of the completion of criminal acts, for the work punishable by more than a year in prison, prosecution cannot be taken if more than 3 years have passed by the time it was carried out, and that prosecution is prohibited when it has passed double the prescript time.

Prescription J. H. , has been convicted of the attack criminal offence, by Article 187 par.1 of KPRC, (which was in force during the time of the criminal offence), for which the penalty of fines or prison sentences of up to 3 (tri) years is presented. According to the provision of Article 106 par.1 below 1.5, KPRK's (Leg that has been in force at the time of the criminal offence), for criminal offense punishable by more than 1 (one) year in prison, prosecution cannot be taken if 3 (three) years have passed, by the time of the conduct of the criminal work (actual prescription), while according to the provision of Article 107 par.8 of KPRK, prosecution is said to have been prohibited in any case of double term for prescription (indication on absolute prosecution of the criminal act) in the verdict.

Always according to Apel, the item in this court was reached on April 8, 2024, with an opinion on the Appeals Prosecutor's Prosecution over the defenders' complaint being submitted on April 11, 2024 by the Opinion Prosecution has returned on April 16, 2024.

While he had again been sent to the Appeals Prosecutor's Office for an opinion concerning the prosecution's complaint, the prosecutor has returned on May 3, 2024.

Apel's decision emphasizes that the subject was delivered to work on May 15, 2024, three days before an absolute signing deadline was reached.

Furthermore, the ruling states that since the accused and his defender have complained about all legal grounds, among other things, about the wrong and incomplete confirmation of the actual situation, then it should have been determined public hearings, and since the invitation to the parties must be handed over at least 8 days before the public hearing was held, inevitability of the public session after the legal deadline for the absolute prescription was passed, it was placed in the device of this act.

In the end, Appeals points out that in the subject papers, criminal acts by the accused were committed on May 18, 2018, while the term for prescription of prosecution begins to stem from the date when criminal acts were committed. For this, it turns out that the timing of the criminal act has passed twice as long as the signing deadline.

In a concrete case considering that from the time of the criminal act, it has gone twice as long as the prescription deadline, from the time it was committed to the day of the session. 21.05.24, more than 6 (six) years have passed, from these controversial reasons the offense has had to be changed as in the device of this lawsuit, with the complaints of the defendant's defender and the accused's complaint not hurt. The costs of the criminal procedure conform the provision of KPPK's Article 450 fall into the burden of budgetary means of this court”, the decision said.

Regarding this decision, the “Justice Vow” has contacted MP Gashi, who has the quality of the injured in this case. He said he is unaware of Apel's decision, but praised that because of the inefficiency of the justice organs, the subjects are being submitted, which he held is a pity.

I didn't see the verdict to be honest, I'm getting it. I am sorry that Kosovo citizens face problems in the justice system and there is no justice in Kosovo. Many cases are described and create ongoing problems. It's a pity, the inefficiency of justice organs for allowing subjects to be written. My case has been small, but the problem is for other citizens' cases, which these decisions can trigger other problems then. Lack of justice is a widespread problem”, Gashi said.

Otherwise, on 16 January 2024, Parliamentary Court in Pristina head Albina Shaban-Rama had rejected the request of Democratic Party of Kosovo deputy (PDK), Xhavit Haliti, lawyer Mesim Krvenshi, for the expulsion of Judge Driton Berisha from the case where Haliti is accused of assaulting Democratic League of Kosovo deputy (LDK), Arben Gashi, who had occurred in May 2018.

However, this case was previously tried by Sultan Hoti Judge, but following her passage to the Randa Crime Department, the case was tried by Judge Driton Berisha.

In October 2019, the Constitutional Court in Pristina, under the penal order, had sentenced the PDK deputy Xhavit Haliti (for “to a fine of 1,000 and 250 euros. The” attack and the former AAK delegation, Ghani Dresaj (for “Canning”), LDK deputy Arben Gashi.

For Dresey, Judge Driton Berisha said he has accepted the order and applied for return to the previous situation to reach the deadline for opposition, but based on the subject's paperwork, there is no decision on that request by Sultan Hoti Judge.

Otherwise, according to the indictment filed in May 2019 by Pristina Constitutional Prosecutor, accused Xhavit Haliti on May 18th 2018 at the Kosovo Assembly in Pristina has deliberately attacked MP- now injured Arben Gashi, pushing him with arms and elbow in the chest.

With that, Haliti was accused of committing criminal work “The” attack by Article 187, par.1 of the Penal Code, the act punishable by fine or prison for up to three years.

While MP Ghani Dresaj reportedly the same day, on purpose, had beat up MP Gashi with the words “Com with them. /Betimy for Justice