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Shkruar nga Pamfleti
Lawyer Kreshnik Spahiu commented on the video scandal of the former mayor of Kukës Safet Gjici. Spahiu stopped at the legal part and the charges that can be brought against the former mayor.
According to him, Gjici did not commit a criminal offense, as he did not break article 105 of the criminal code, which provides for up to three years in prison for having sexual relations while abusing his duty.
Spahiu emphasized that Gjici has moral and ethical responsibility, but not criminal responsibility, since the girl is not an employee of the municipality of Kukës with whom she may have a dependent relationship.
" You cannot be a victim even if you have been provoked for such things. In the state office, you cannot be provoked, you are not exempt from responsibility. The issue is whether we have criminal, administrative or ethical responsibility. Two events took place yesterday, one of which received attention. Legalization of cannabis for medical reasons which received no media attention.
We come to the second issue which has received the most media attention. Safet Gjici is responsible even if he was provoked. In European standards, even work e-mail cannot be used outside working hours, or on weekends.
The EU has introduced a rule that even employees cannot be sent SMS outside of working hours.
All people are curious if Safet Gjici has committed a crime. I am reading you the criminal offense for which Safet Gjici is accused by SPAK. Article 105 of the Penal Code stipulates that the performance of sexual relations by abusing the relationship of dependence or duty is punishable by imprisonment of up to 3 years.
First, the girl is not an employee of the municipality and it is accused of having intercourse due to duty or addiction.
Safet Gjici has political, administrative, moral and ethical responsibilities and has been punished for them and is no longer in office and will not return to office. With the facts as they stand today, there is no denunciation and no crime. Having sex in the office at the will of both parties, in an ongoing criminal relationship, is not called a criminal offense, not that I say, I say the law", said Spahiu in "Review" in "Euronews Albania" .
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