Pristina municipality roof case where a girl was hurt, Apel lowers the sentence of two convicts

The Constitutional Court in Pristina on February 6th 2025, following the approval of the plea agreement, had declared a conviction act against Ylber Jashar accused of misusing official office and of Bekim Baftijar charged with illegal construction work. Yasar had been sentenced to 3 years in prison and 5 thousand euros in fines, while Baftijaray was sentenced to 2 years in prison, reports the “Justice Vow “.

Against the Constitutional Act, the complaint had exercised defenders of the accused Jashar, lawyer Sevdali Zejnullahu, due to essential violations of criminal procedure provisions, violation of the Criminal Law, and the ruling on criminal sanctions. He has proposed that Appeals change the decision on the first degree in the sentence or turn the case into retrial.

On the other hand, Batijar's defender, lawyer Besiana Ismajli, had filed complaints because of the verdict on the sentence, with Appeals canceling the Constitutional Act and turning it into retrial, or for the accused to be pronounced fined punishment under agreement for admission of up to 4 thousand and 500 euros or parole.

The Preparation Appeal's prosecution has proposed that defense complaints be refused as groundless, while the complaining act of judgment is confirmed.

Through the decision taken on November 17th 2025, Appeals finds that Jashar's defence claims of essential violations of criminal procedure provisions do not stand, which would condition the annulment of the first degree decision.

Unstable, Apel also appreciates the claim that accused Jashar did not understand the nature and consequences of admitting guilt, because his protector had declared that this agreement is in accordance with legal provisions and was reached after consulting with the accused. And that Yashhar himself had supported the lawyer's statement.

Also, the second scale stresses that there is no restriction or ban for the court to issue sentences outside the one proposed with the plea agreement, in cases when it estimates that with the terms proposed by the agreement, the general purpose of the sentence will not be achieved, but in this case only wins the right to file the complaint. Thus, even for this part, Appeal finds that defense claims are groundless.

For Apelin, it is not acceptable for accused Ylber Jashar as a serious circumstance to be assessed that, in the case of a criminal act, he mishandled the official position, resulting in such actions being caused substantial damage to the state budget.

“...as misuse of official position or authority is the constitutional element of the image that criminal servants, the damage in concrete cases the lawmaker has seen as the qualifying circumstances of the criminal act, while other circumstances outlined in the court's conviction that the first instance also accepts this court as right and legal, since the court of the first and fair degree has fully assessed the circumstances which affect the appointment and height of the sentence (as opposed to the high case under which the criminal college does not agree to the Apel>

According to the Appeals College, the first straight degree has outlined extenuating circumstances affecting the appointment of type and height of sentence, but according to this Court, the Foundation has not paid due attention to these extenuating circumstances, such as the plea agreement and the fact that the accused for the first time committed criminal acts.

“... then weighing the other extenuating circumstances presented in the complaints of defenders to the accused Ylber Jashar, such as personal circumstances, that the same is married, father of three minor children, that he is the only guardian of the family, so on this basis the Court of Appeals in the application of Article 71 par.1 below. 1.3 of the KPP, accused Ylber Jashar , this court has sentenced him to prison under the minimum penalty for this criminal offence”, the verdict said.

On the other hand, for accused Baftijaray, it is said to have co-operated with the Prosecutor during the plea agreement, his co-operation has been voluntary in the investigation and prosecution, has had correct conduct before the Police, Prosecutor and Court, so these circumstances according to the assessment of the Appeals College provide sufficient grounds for the reasoning of the conviction as in the prosecution's case.

Therefore, Appeals estimates that the sentences pronounced by this court for the two defendants are in line with the intensity of the social risk of committed criminal acts, the degree of criminal responsibility of the accused, and the intensity of the risk or consequences caused, and that with these sentences can be prevented from committing criminal acts in the future, as well as preventing others from committing criminal acts.

Likewise, Apel maintains that with such punishment, the purpose of the sentence will be reached, that defendants in the future will refrain from illegal acts and become their rehabilitation, as one of the objectives of the conviction is to prevent perpetrators from committing criminal acts in the future, in preventing other persons from committing criminal acts, establishing morality and strengthening the obligation to abide by the law.

The accused Bafijaray, in the pronounced sentence, also counts the time spent under the measure of house arrest.

According to the indictment filed by the Constitutional Prosecutor of the Republic of Kosovo (PSRK), on January 20, 2025, Ylber Jashari was charged that from August 11th 2023 to January 18th 2024 in the Cadastrale building of the Pristina municipality, in the quality of contract manager “Rycontrusing the roof of the new Communist object”, worth a total of 386 and 96 euro 20 euro, exploiting office or official authority, passing his competencies, enabling the company to benefit materially against <3x > NB T ING” Sh.p.k. and damaging the municipality budget to many 360,000 and 450 euros and 29 cents.

With that, he was charged with criminal work “Using official position or authority”, by Article 414, par 2 related to par.1 of the Criminal Code.

On the other hand, Bekim Baftijaray was accused of being charged on August 11, 2023, to January 18, 2024, at the Cadastrale building of the Pristina municipality, in the quality of the company's responsibilities “NBT ING” Sh.p.k., which was tasked with performing the works, monitoring and performing construction work and completing the construction work of the contract “Reconstructing the peak of the new municipality”, acted in opposition to generally accepted professional standards and contrary to the previous conditions in the contract.

At the same time, the defendant Baftijaray reportedly acted in the case of the construction “Reconstrusing the peak object of the new Komuna object, acted contrary to professional standards and contrary to the pre-conventional terms for the building's peak sancing, where during the execution of this contract, he performed other jobs rather than those of 2,2, 5,113, and 5,15 of the contract above, where the day critical for the condition due to the impact of some part of the building in the era, that falls on the streets, and the buildings around them are damaged by four car damage.

With this, Baftijaray was charged with committing criminal work “illegal construction operations” na n nni 356, par.4 related to par.1 of the Penal Code