Smaqi: The judge violated the Criminal Procedure Code by excluding family lawyer Zejundah from the hearing.

This decision has surprised lawyer Hoxha, showing that he had asked for clarification several times “but the approach was such that I should not participate”.

The damaged family lawyer considers his participation to have been reasonable by calling the Kosovo Criminal Procedure Code in Article 63 envisions the right to the injured and at Article 64 the right to remain informed.

Lawyer, Jevdet Smakqi, in a proposal for Periscope has shown in detail that the provisions of the Criminal Procedure Code were violated in this case by the Criminal Procedure Judge.

I assume that the rejection of the authorised turnout of the damaged side in this case to the victim's representative in the Lipjan case by the Pre-Procedure Judge conflicts with Article 23, Article 24 and Article 2010 of the Penal Procedure Code and with the principle of equality of parties in the procedure, and that is the side of the damaged”, he has said.

Smakqi considers that at this stage it has nothing to do with the secret investigative measures.

Because this case is in preliminary investigative procedure does not meet the legal conditions for the Court not to offer access to the subject's paperwork as well as the representatives of the damaged party because it is not a case under investigation through secret investigative measures requiring privacy in this investigative phase”, he has said.

Smakqi has indicated that the damaged party's lawyer could file complaints within 48 hours.

“Avocate of the damaged side has the right to file a complaint to the criminal college within 48 hours to seek access to the subject's paperwork and to allow the statement to be presented for compensation for damage and property request”, he said further.

According to Smakqi, police suspected of criminal activity “homicide by carelessness” could be sentenced from 6 months to 5 years in prison. /Periscope/