Former Supreme Chairman: Penal code allows trial in absence of Banjska terrorists

In this regard, former Supreme Court Chairman Fejzullah Hasani said the Constitutional Court's decision in Pristina was expected.

This, according to him, the way the Penal Procedure Code is formulated, Article 303, paragraph 7, which refers to Article 104 of the Kosovo Penal Code of 2019, in no way allows the trial to be held in absentia.

I'm surprised the question of why it creates dilemmas about this particular issue when we're dealing with the jurist community, because the norm is incorrectly built, but it's crystal clear, it doesn't allow judgment in absentia, because Article 104 refers to criminal acts that cannot be signed”

The Code of Criminal Procedure says that judgment in absentia can only be maintained for criminal acts that do not submit to prescription, while according to Article 104 prescriptions do not subject to war crimes, genocide, crime against humanity and grave murder”.

And these are not accused of war crimes, but of terrorism. Heavy murder is another conversation, as these are not charged with the criminal offence of serious murder, but of terrorism”, Hasani said in Klan Kosova, broadcast Periscope.

On the other hand, he said that all Banjska terrorists are charged with the criminal offence of death and criminal acts for attacking Kosovo's constitutional order.

Because we've had these criminal acts and inefficiency present that we have access to the justice organs of these criminal acts, it's been email that the Penal Procedure Code be passed, that's to build a standard that would legitimise keeping judgment in absence of”. /Periscope/