Appeal confirms special prosecutor's indictment against Nagip Krasniqi, the foundation act changed

According to the indictment, Nagip Krasniqi in the quality of KEK's chief chief chief, Ymer Dragusha, in the quality of task manager of the procurement office and Isuf Zana, as representative of the company “Regenpi Zeqiri L. L. C”, accused of harming the state budget by their actions, about 37m euros.

Through the decision of September 23rd, 2025, Apel has refused as groundless: the complaint of defendant Nagip Krasniqi's defender, lawyer Virtue Ibrahimaga, and the complaint of defendant Isuf Zana's defender, attorney Artan Karkini.

“with the approval of the Special Prosecutor's complaint of the Republic of Kosovo. The Constitutional Court Act in Pristina, the Special Department, SP.111.2024, on the date 23.04.2025, is confirmed that the criminal procedure against accused Nagip Krasniqi for four criminal acts in co-ordination, misuse of official position or authority by Article 414, paragraph 2, concerning paragraph 1, concerning Article 31 of the Republic of Kosovo Penal Code, a criminal act, the misuse of office or official authority, predicted by Article 414, paragraph 2, with reference to 1, KPRSKS, a criminal discovery of the secret from the Republic of Kosovo's paragraph 1, KPC, continued the pre-pre-trial decision, in the post of the procedure.

The founder had dismissed the charge of uncovering official secrecy against Krasniqi, requalified works on other provisions of the indictment

The Constitutional Court in Pristina on April 23rd 2025 had made the decision, with which it partially approved the defence request for an indictment to the former KEK chief, Nagip Krasniqi, throwing the indictment and firing criminal procedure for criminal work “The discovery of official secrecy” For the other points of the indictment, however, it had requalified criminal acts in an ongoing criminal offence “Use of official duty”.

Through the ruling of April 23rd 2025, the Foundation partially approved Krasniqi's protector's request -- attorney Virtue Ibrahimaga -- throwing the Special Prosecutor's Act 6, and stopped the procedure for criminal work “The discovery of official secrecy” At this point, Krasniqi was charged with revealing official secrets regarding the procurement procedures that were taking place in KEK, sharing them with the informal-Dejona Mihalin.

Under the decision, as far as the I to V points of the indictment, criminal acts have been requalified, while the rest of the opposition put forward by lawyer Ibrahimaga has been rejected as unfounded.

“Requacialize the criminal acts that Nagip Krasniqi is charged with from point I to V é indictment: Misuse of official position or authority, predicted by Article 414, paragraph 2, regarding paragraph 1 concerning Article 31 of KPRK, in a (1) criminal offence, following: Misuse of official position or authority, predicted by Article 1414, paragraph 2, regarding paragraph 1 related to Article 31 related to KPRK 77, said the decision.

So according to the Foundation, after the indictment is confirmed, judicial review in this criminal case related to Krasniqi would be developed for criminal work “due to the use of official position or authority” by Article 41, paragraph 2, concerning paragraph 1, related to Article 31, related to Article 77 of the Penal Code. Meanwhile, the request for the drop of the indictment, submitted by the defender of accused Isuf Zana, lawyer Artan Karkin, had been denied.

Against the foundation's ruling, in the legal term, the Special Prosecution of the Republic of Kosovo had filed complaints -- the defender of the accused Krasniqi, lawyer Ibrahimaga and accused Zejna, lawyer Qerikni.

The Special Prosecutor had filed complaints on the basis of violations of KPPK's provisions, violation of the Criminal Law, and incomplete and error confirmation of the facts on which act or order was issued, with proposals for the Apelkat to approve the complaint as based, cancel the complaining act, and turn the subject back to restoration, or the complaining act of changing it, and the indictment to be completely confirmed.

While the defender of the accused Krasniqi, lawyer Ibrahimaga, is said not to stress the causes of the complaint, he has proposed to the Court of Appeals to approve the complaint as based, abolish the 3rd point of the complaint agreement device, and to make invalid all evidence seized.

The defender of the accused, Zeynep, lawyer Qerkeyni, had filed a complaint on the basis of violations of the KPP provisions, incorrect and incomplete confirmation of the actual situation, with proposals that the Court of Appeals approve the complaint as based and cast the charge against accused Zeka, or cancel the complaint of complaint and the criminal case return to restoration.

Meanwhile, the Appeals' Prosecutor with the Parliament of May 28, 2025, has proposed that the Special Prosecutor's complaint be approved as based on the special prosecution's complaint in relation to the partial drop of the prosecution for point VI, against accused Nagip Krasniqi and confirm the indictment or complaining act to be annulled and the case returned to restoration, while the complaint of Krasniqi's defender and her supporters is rejected as groundless.

Finding the Court of Appeals

The Court of Appeals, after reviewing the SPRK's paperwork and complaint, estimated that the prosecution's complaints are based and that the Constitutional Act should be changed in proportion to accused Nagip Krasniqi due to four criminal acts in co-ordination “due to formal office implementation”, another criminal act “whose use of official task<3> and criminal work <x> The discovery of official secrecy” The appeal ruled that all these criminal acts Krasniqi is charged with should be continued criminal procedures under the pre-procedure procedure for the appointment of the trial hearing.

The Appeals College found that the Foundation has partially approved the request for the drop of the indictment submitted by attorney Virtue Ibrahimaga and has dropped an indictment point of VI, halting criminal proceedings in relation to Krasniqi for criminal work “The discovery of official secrecy”

Also, according to Apel, the first instance has incorrectly requalified criminal acts “Use of official task” envisioned with Article 414, par.2 related to par.1, regarding Article 31 of the Penal Code, in an ongoing criminal offence “The use of the official task” envisioned with Article 414, par.2 related to par.1. About Article 31, about Article 77 of the Penal Code.

“In the concrete college case estimates that on the basis of the evidence and other subject paperwork, there is sufficient evidence from which the well-founded suspect that accused Nagip Krasniqi has committed the criminal acts he was charged with, for which the prosecution has even filed an indictment”, it is said in Apel's decision.

Always according to Appeal, well-based suspicion is reasoned by the subject's paperwork and results from the actual description of the indictment device that we are dealing with incriminating the accused and deliberately describing the criminal acts for which he is accused, but the foundation from this actual description and legal quality draws the wrong conclusion by reservating criminal work and doing the dismissal of the criminal case for criminal work “The discovery of official secrecy”, without proving the crucial facts of which must be administered and which must be administered in judicial examination.

The decision reportedly says that at the initial session, according to the chip, accused Ymer Dragusha has admitted he committed four criminal acts in co-operation “due to the use of official task” with accused Nagip Krasniqi. The plea agreement has been approved, and the plea of the court has been postponed until the end of the trial. Meanwhile, Krasniqi's criminal acts have been requalified to a single “Use of the official task” following from Article 414, par.2. About par.1, Article 31, regarding Article 77 of the Criminal Code. Although a joint criminal procedure for co-ordination is under way against two indictees.

“Colegy does not agree with the court's position in the first instance that at this stage of the procedure re-qualification of criminal acts, the fact that in this criminal case we are dealing with a joint indictment, where accused of committing criminal acts in co-operation, and we have a joint criminal procedure, so college does not agree with the legal position of the first court regarding the re-qualification of criminal work, so it finds that at this stage of criminal procedure it should be taken into judicial examination with the initial act<1m>, the verdict is said.

Similarly, Apeli considers that there are no claims of Krasniqi's and Zeynep's defence that there is not enough evidence to support the well-based suspicion, as seeing the subject's paperwork results in evidence that they are sufficient to support the suspicion based.

The second grade estimates that the Foundation has acted directly in the part of the complaining decision when it has rejected the defense's requests for dropping the indictment and rejecting evidence, because complaints at this stage were deemed groundless. There are also reportedly no legal reasons for dropping the indictment and rejecting evidence.

Unbaptized, Apel also finds the claim to the defense that the prosecution lacks an explanation of the reason for the establishment of the indictment. The second rate estimates that the evidence is legally received and that, in judicial examination, the same will be administered, telling the accused's protection to reject evidence and that the court will decide on the basis of the evidence that will be managed.

The appeal stresses that the indictment is based and legal, meets all legal conditions to proceed further for judicial examination, where the Foundation will administer all evidence and on their basis will decide.

Therefore, Appeals decided that defence complaints should be rejected because there is no legal reason for dropping the indictment, as evidence has been legally taken, there is well-based doubt, and therefore the case must be passed into judicial consideration.

At the initial session held on February 7th 2025, Krasniqi and Zejna have been declared innocent. Charged in this case is Ymer Dragusha, but the same has reached agreement with the Prosecutor on admitting guilt.

The Special Prosecutor of the Republic of Kosovo (PSRK) on December 30th 2024 filed the new indictment against former head of the Kosovo Energy Corporation (KEK), Nagip Krasniqi, and Ymer Dragusha and Isuf Zamena. Nagip Krasniqi and Ymer Dragusha are charged with “Use of official task”. Krasniqi is also charged with “Statement of official secrecy”. On the other hand, Isuf Zeynep is charged with “Help in carrying out the criminal offence of official task”. Dragusha has reached agreement on plea with the Prosecutor.

In the indictment, provided by “Justice Voww “, Krasniqi is said to be in the quality of KEK chief Dragusha in the quality of the task officer of the procurement office and Zeynep, as representative of the company “Rexepi Zeqiri L. L.C” is charged with harming the state budget by their actions.

The first point of the indictment device charges Krasniqi, who as KEK chief chief and Dragusha as the director of the procurement office of January 17th, 2022 to January 27, 2023, misusing office and official authority, have exceeded their competencies in order to benefit the other person - in this case economic operator “in S. Aʹ, they violate the rights of other persons as well as cause damage to Kosovo's budget.

The Actakuz says that by exploiting official positions, with the development of procurement activity appointed as the “Emergency capital resolution of the cable block A5”, have acted in complete opposition to rules defined by the No.04 Law. L-042 for Public Procuration in the Republic of Kosovo.

According to the indictment, on December 27, 2022, Krasniqi invites defendant Dragusha and witness Emin Tmava to his office, demanding that, contrary to the regulations of the LPP, start the market research procedure in order to start the negotiating procedure for the higher tender even despite the fact that defendant Dragusha suggests such a procedure is contrary to the regulations of the LPP.

But, in the indictment, it is said that despite the fact that he was aware that this act was illegal, according to the defendant Krasniqi's request, defendant Dragusha is calling from official Tmava to invite OE representatives “Intering) to the meeting, Operation Energy Security, and “Litwin S.A.”, which operators were previously declared irresponsible in the open procurement procedure.

And on December 29, 2022, Krasniqi and Dragusha are said to have been negotiating the tender for negotiating procedures, conducting negotiations with the above-mentioned economic operators, without being members of the commission for assessment-negotiation, and yet without the announcement being made to announce on the KRPP's e-procurement page, as of January 16, 2023 after the end of negotiations with this operator, has made the announcement for e-procurement, with {rast eliminated from the economic operators <x>Intering> S. P. This and Mounting Energy in order to favour the economic operator “Litwin S.A”.

The indictment says that following the elimination of two top operators, according to the January 2023 decision, defendant Krasniqi has established the commission for assessment-negotiating bid for procurement activity <x0)In its composition: Remzi Beshitrit '% chairman of the commission, Skender Isufi and Emin Tmava, members, have agreed, with the aim of holding negotiations with the economic operator “Litwin S.A.”, who in the report on the assessment of January 25, 2023, have concluded that this operator has not met the requirements in the tender file, and has not refrained from the promises given during the development of negotiations, recommending the annulment of this procurement activity because the economic operator had demanded change of the three conditions and that guarantee: reducing the bank, extending the deadline for a reduction and a reduced percentage of jobs.

Always according to the indictment, on January 26, 2023, defendant Nagip Kransiqi, despite the fact that he had been notified with the commission's report that the economic operator in question had failed to meet the tender terms, via e-mail confirms the terms of the economic operator “Litwin S. A” presented via e-mail on January 25, 2023, orders defendant Dragusha to sign the contract, which was signed on January 27, 2024, still without ensuring the bank guarantee that would be executed in case of the contract's failure.

So, as a result of the defendants' actions for July 19th, 2022 to May 6, 2023, the A5 bloc was out of office, so KEK was forced to import electricity in quantity of 890116 MWh, causing KEK and Kosovo budget Large damage, in the amount of 36 million and 349 thousand and 638 euros and 62 cents.

With this, they are charged that in co-ordination they carried out criminal work “Using official position or authority”, previously sanctioned and sanctioned with Article 414, paragraph 2 concerning paragraph 1 and about Article 31 of the Penal Code.

At the second point of the indictment, Nagip Krasniqi and Ymer Dragusha are charged that between December 2021 and April 2023, deliberately, in co-ordination, in the quality of official persons, overcoming their competencies in order to enable the other person to enrich the economic operator “Rexhepi Zeqiriza L.L. CH and were violated by the rights of other persons who exercise such activities, in case of developing procurement activity appointed as “Aggression of a legal consulting company”, in regard to the procurement tender for negotiated procedure, has linked the contract to “Rexepi Zeqiri Zejra L. L. C” contrary to the rules set by the LPP.

The indictment says defendant Nagip Krasniqi had previously consulted reference terms with defendant Isuf Zamena, company shareholder “Rexepi Zeqiri Zejria L. L. C”, on March 2nd, 2023, has asked defendant Ymer Dragusha to initiate a negotiated procurement procedure for the commitment of legal counseling and procurement for chief executive and KEK staff, despite the fact that in the declaration of the needs and availability of funds DNPDF was not in advance, defining it as a single operator “Rexepi Zeqiri Zejra L. L. C”, with which there were close social reports on one side and on the other, this operator had been declared irresponsible in an open procurement procedure, knowing that an open procurement procedure must be carried out for such a process under the law.

On the other hand, defendant Ymer Dragusha, even though he was aware that defendant Nagip Krasniqi's request, was reportedly opposed to the LPP on March 2nd 2023, begins the procurement procedure, titled “Aggression of a legal consultancy company” through the paper directed. KRPP's. It says that in spite of the CAPP's recommendation, on March 6th, 2023, that open procedure must be carried out for this activity, defendants Krasniqi and Dragusha have conducted the negotiation procedure with economic operator “Rexepi Zeqiri Zekiri L.L.C.”.

Therefore, it is reported that on April 3rd, 2023, following Krasniqi's order, defendant Dragusha signed the contract with economic operator “Rexepi Zeqiri Zejria L. L. C” worth 60 thousand euros.

With this, they are charged that in co-ordination they committed criminal work “Using official position or authority” by Article 414, paragraph 2 concerning paragraph 1 concerning Article 31 of the Criminal Code.

Always according to the indictment, at the third point, Nagip Krasniqi and Ymer Dragusha, during December 2022 until April 18, 2023, deliberately in co-ordination, in the quality of official persons, misusing office and official authority, have exceeded their competences in order to enable economic operator “Engrom S.A.”, violating the rights of other persons by inflicting damage to Kosovo's budget, with the case of developing procuration in open procedure, as a named <xPLAIocated in the PKK-Fkataktaktakts of the mills have been acting with full public rules, <4>

Initially, the defendant Krasniqi reportedly several months after the Public Procure Regulatory Commission's announcement (KRPP) for the tender, marked as the highest, illegally invites representatives of the economic operator “Ergotem S. A” from Greece, in order to pay a visit to the KEK location and contrary to the LPP rules, orders responsible KEK officials to submit technical tender specifications to this operator, yet without the announcement of the tender.

Insistance, according to the third point of the indictment, Krasniqi reportedly on December 15th 2022 in illegally and in violation of the principle of equality, rather than the discrimination specified in the LPP's Article 7, in an open procedure where no preliminary announcement of bidders is allowed, writes to UN indictees Dragusha and orders the tender to be announced on December 16, 2022, to be invited to the economic operator ) SBB) and economic operator <x0ndronem S.A”, presuming out competitors/the tender providers and then making the announcement of the contract.

On the other hand, it is said that after the completion of the bidding assessment process on the part of the assessment commission, economic operator”Ergomet S. A” is named winner of the tender and is invited to sign the contract, however, prior to the signing of the contract to economic operator Ergotem S. A” requires KEK, changing the terms of the tender, in particular with regard to the height of the bank guarantee that in the tender file was 50%, while the economic operator required 10%, for which indictees Krasniqi and Dragusha on March 21st 2023, at KEK offices, hold a meeting with representatives of the economic and illegal operator agree to the economic operator's request.

Thus, bank guarantees from 50% are said to drop to 15%, with cases signed on April 7th 2023 by defendant Ymer Dragusha, while on April 18th 2023, signed by defendant Nagip Krasniqi in the amount of 1 million and 621 000 and 544 euros and 20 cents.

Thus, under these actions Krasniqi and Dragusha are being tasked with co-ordination “Using official position or authority”, previously sanctioned and sanctioned with Article 414, paragraph 2 concerning paragraph 1 related to Article 31 of the Criminal Code.

At the fourth point of the indictment, Nagip Krasniqi and Ymer Dragusha are again charged again, where it says on January 25, 2023, deliberately, in co-ordination, in the quality of official persons, the defendant Krasniqi as KEK chief executive chief and defendant Dragusha as a director of the procurement office, by misuse of office and official authority, have exceeded their competencies in order to benefit economic operator “ @TWAWCHAWCHCHAWCWCHEW and to violate the rights of other persons, as in the case of development of the ongoing operation, as recommended <2>Buying services for monitoring project implementation, design, supply and work related to deleting B1 and B2 in TC Kosova B”, have acted in complete opposition to the rules specified with the LPP.

According to the fourth points of the indictment, it is said that on January 24th, 2023 the announcement of the tender, the defendant Krasniqi wrote to defendants Dragusha and illegally obliged him to contact the economic operator “Tuv Hellas” and invite him to apply for tenders to negotiate, but KEK officials initially informed the defendant that the move was in opposition to the 7th genta, despite this defendant Krasni, via mail, the official Abashi that if he didn't act under official orders, the pressure and pressure, that the Mümqi was against the 7th company's command, and that offers the full command to the justice of the justice of the 20-day tender, because the declaration is being issued in charge of the 25-procull.

In addition, it is said that despite the announcement by officials responsible that no negotiated procedure can be carried out in the case of this tender, defendants have ignored the announcement and have continued with negotiated procedure only with the economic operator “TW Hellasque, whom the defendant Krasniqi had already chosen, has yet to announce the tender.

Always according to the indictment, during the negotiation procedure, defendants illegally favour this operator by cutting the tender criteria for bank guarantees from 50% to 10%, and despite the fact that the economic operator had no documentation in the tender file for the tender points like: reference for work, diplomas and certificates ISO 9001, given that during the negotiations procedure, defendant Nagip Krasniqi had personally had phone contact with the representative of this operator and was aware of the economic shortcomings that had been reported in the contract with the contract, which signed on March 303rd of the 628m euro.

For these actions, Krasniqi and Dragusha are charged with criminal work in co-ordination “The use of official position or authority”, according to Article 41, paragraph 2 concerning paragraph 1 concerning Article 31 of the Criminal Code.

At the fifth point of the indictment, defendants Nagip Krasniqi reportedly on November 25th, 2022, deliberately misusing official duty has exceeded his competencies in order to benefit economic operator “bahri Aslan & FAM” and was violated by other people's rights, in this case economic operator “Takraf” and to do damage to Kosovo's budget, so that in the case of developing procurement activity in the negotiated procedure, the “Additional work on repairing E9 excavator spherical bed making” has seriously violated the rules set by the LPP.

The Actakuz says it originally ordered higher procurement activity, then developed the so-called initial negotiated phase with economic operator “Bahri Aslan & FAM”, but due to negotiating conditions, it has suspended negotiations with this operator and opened new negotiations with the economic operator “Takraf”, with which, after several meetings on July 26, 2022, reached an agreement that was not immediately executed due to conditions on the ground, so it was postponed until the creation of atmospheric conditions.

It says that despite the fact that with economic operator “Takraf”, there was an agreement agreed on as described earlier, defendant Nagip Krasniqi, via his official e-mails to economic operator “Bahri Aslan & FAM” and invites him to start work even though there was no signed contract, so that the economic operator in question, on October 18, 2022, had entered the location, while a month after November 25th, 2022, signed an annex-constrat with this operator worth 279 thousand and 72 euro 664 cents, worth three times as much as the agreement he signed with the economic operator <x4Traf<5>, discating the <6x@Tak> and causing damage to the EC and the Kosovo budget, at 90000 value.

So with these actions, Krasniqi is being tasked with criminal work “Use of official position or authority”, according to Article 414, paragraph 2 concerning paragraph 1 concerning Article 31 of the Criminal Code.

The discovery of official secrecy from communications with Dejona Mihalin

The sixth point of the indictment, Nagip Krasniqi charge that in the 2022-2023 period, deliberately, consistently, in the quality of the official person has uncovered official secrets regarding procurement procedures that were taking place in KEK, sharing them with the informal person, Dejona Mihalin, respectively.Which does not hold any official position in the state administration, of which information had access as a result of his duty and which were not public.

On July 2, 2022, 8:21, says the indictment The PM, during communications on the social network WhatsAppı, with Mihali, has sent the information about KESH's abuse of electricity under the June 24th 2022 agreement between KEK and KESH. And on April 22, 2022, at 6:25 The PM, the defendant during communications on the social network égnalı, has sent two documents to Mihali for electricity exports for March-April 2022, following her acceptance of the news regarding the publication of information from Portal Ryporterão with the title “GEN company linked to Ambassador Berisha received 4.2m euros from Kosovo for two months of energy crisisOh.

However, it is said that on February 24, 2022, at 7:59, during communications on the social network '%Signal' has sent Michael a document entitled “Agent of the 09.02.2023s meeting, in which key points are included, as well as reference terms for the procurement, entitled “Legal Consultancy Services and regulators<62>. And on April 12, 2023, 4:25 The KEK's commitment to Gazmend Begolli has been submitted during communications on the social network '%s', a draft authorisation for the commitment of an external consultant for technical assistance to the KEK field sector, respectively.

On August 4, 2022, at 3:59 The PM, during communications on the social network '%Signal', has sent Mihali, a request to the Government of the Republic of Kosovo, respectively to Kosovo Prime Minister and Government Ministers for completion/reforming of the decision to declare emergency energy. On September 29, 2022 at 3:48 The PM, during communications on the social network WhatsAppı with members of the same group, has sent the table with the data/priced prices of six tenderers who have offered for procurement activities “cadda capital re-progress of turbine capital and generator”.

On October 13, 2022, 7:17 says The PM, during communications on the social network WhatsAppı, in Mihali's group, has sent the information which was accepted by the member of the assessment and negotiating commission, Skender Isufi, in connection with the number tender. KEKC-22-287-51, due to bids offered by economic operators, as well as other communications on these platforms. And that on May 16, 2022, during communications on the social network égnalı has sent Mihali, a communication-photo with the writing of three names and positions of officials at KEK: Driton Bytyqi, Emin Tmava and Mustafa Cavaja, after which the same answer is sent and for everyone but provides information on the profile of each of the upper ones.

By this, he is accused of committing criminal work “The discovery of official secrecy”, previously sanctioned and sanctioned by Article 426, paragraph 1 concerning paragraph 5 of the Penal Code.

Course, the 7th item point charges Isuf Zamen that during December 2021 until April 2023, in Pristina as company representative “Rexhepi Zeqiri Zeynep L. L. C” deliberately and with the aim of personal gain, has helped defendant Krasniqi misuse the official task in connection with the tender, titled “The engagement of a legal consulting company”.

Initiately, Krasniqi has reportedly helped Krasniqi in preparing the reference terms in the tender he has participated in, so Krasniqi has first sent a draft of the terms of reference for the tender to indictees Zeynep, where the latter returns the Draph to Krasniqi and then Krasniqi sends the same to the Procuration Office at KEK and urges them to initiate this procurement activity with negotiated procedure.

At this point, according to the indictment's point, it is said that the most understanding of this Public Procurement Regulatory Commission (KRPP) marks the letter through which recommends that this procedure should be carried out in an open procedure aimed at boosting transparency and competition, but the defendant Krasniqi due to close reports with defendant Zeyna ignores this recommendation, and on April 3rd 2023, signed the contract with the operator <x1nd>Rege Zekarika L. L.C”, with defendant Isuf Zeynep respectively, repaying him with the amount of 60 thousand euros.

So with these actions, Zeynep is accused of committing a criminal act of assisting in carrying out criminal work “The use of official position or authority”, according to Article 41, paragraph 2 concerning paragraph 1 concerning Article 33 of the Criminal Code.

We remember that former KEK chief chief Nagip Krasniqi, in another case, is accused of corruption, for which the indictment at the initial session of October 8th 2024 is declared innocent. /Betimy for Justice