A year later, Apel decides: Former Minister Hoxha acquitted of prosecution

According to the Pristina Constitutional Court's act of justice, accused Hoxha, Fitim Mustafa, Demush Shaha, Kukaj Concert, and Nuhi Osmani, has acquitted them of criminal acts charged with the Special Prosecution Act of the Republic of Kosovo, Paparac reports.

The Kosovo Appeals Court, with the APS act of APS.n.38/24, of the date 08.04.2024, has refused as unsubstantiated the Special Prosecution of the Republic of Kosovo, while the Constitutional Court Act in Pristina, PS.31/21 of the 2804.2023 date has confirmed it, releasing the accused from the SPRK”, the report states.

In reasoning of the second-instance court's indictment, he has estimated that the complaint was not included in the essential violations of criminal procedure provisions by Article 384 of the KPP, due to the fact that the device is clear and in line with his reasoning, in which the full and clear reasons of the crucial facts and resolution of the legal issues of this criminal case are presented, and that there are no other violations which had to condition the adoption of the obligatory conviction.

“The Court of Appeals in terms of the prosecution's complaint that: “the trial of the first degree incorrectly and unequivocally has confirmed the actual situation, and with this the violation of criminal law where the court has not correctly assessed the evidence presented by the prosecution, examining only the two evidence... ”, which is reflected in this ruling, so that this court has concluded that the first court has proved correctly and indeed the situation.

In this regard, he has provided clear and concrete reasons for the complaint, correctly finding that the administered evidence has not proved that the accused committed the criminal work they were charged with, so even the criminal college of this court has acquitted the same of P's prosecution. The SRK, for the criminal acts he has accused of, because it has not been proven that elements of criminal acts are won in their actions, and in particular the subject-direct wish element,”, is said to be further.

In the indictment, Hoxha, in the quality of MIE minister, was said to have exceeded its competencies in order to benefit the other person, “Madjelle & Events1> and “Madison Strategies LC” respectively.

As reported in the accusation act, Hoxha on May 11, 2018 had requested from MIE Secretary General Demush Shasha the launch of procurement procedures for procurement activity “Consultancy services for MIE's needs”, specifying the procedure to apply and the name of the “Marele PR & Events” to which the contract should be binding.

According to the indictment, the same was done even though it had known that by law these were not in the minister's jurisdiction, by which means they have enabled this operator contract binding worth 180 thousand euros and therefore the profit of wealth in this value.

Then, in the indictment reportedly on February 21, 2019, Hoxha had requested from the UD of MIE Secretary General, the Cukaj Consistence Continued Overlined on the same procedure, with this case enabled <x0Merele PR & Event” to continue the contract worth 168 thousand euros and the profit of wealth in this value.

Also, in the indictment, Hoxha reportedly on April 24, 2019, had requested from the accused Cukaj that the upper activity initiates procurement procedures, specifying the procedures that should be applied and the name of the economic operator, “Madizon Strategies LC”, where on June 17, 2019 the contract has been linked to this company worth 152 thousand and 232 euros.

Mustafa is charged that in the quality of the MIE Procuration Division director, he was directed at the request of the accused Cakaj and Shasha, by which he had demanded that Hoxha's requests for the adoption or continuation of these contracts be approved, even though the same one knew they were contrary to the law.

Demush Shasha, in the quality of MIE Secretary General and the Cukaj and Nuhi Osmani Framework in the quality of the UDs of this position, were charged by the SPRK, that they had approved the requests approved by the accused Mustafa and had allowed the implementation of the procurement procedure, even though they knew that the preemptive request was against the law.

Therefore, by the Special Prosecutor of the Republic of Kosovo, Gifted Hoxha, Cukaj and Fitim Mustafa were accused of continuing to commit criminal work “Using official position or authority” by Article 414, paragraph 2 concerning Article 77 paragraph 1 of KPRK.

And Demush Shasha and Nuhi Osmani were accused of committing criminal work “The use of official position or authority from Article 414, KPRC's paragraph 2.