FLASH
Shkruar nga PamfletiIn at least 20 cases, these officials have applied lower taxes than those established by law, illegally favoring construction entities.
The Korça Prosecutor's Office has sent the case file against two Municipality officials who are accused of abuse of office to trial.
According to the prosecution, Zhaneta Lubonja, Director of Planning, Control and Territorial Development in the Municipality of Korçë, as well as Ermal Gjermeni, head of the sector at the same directorate, have favored several construction companies 18 times, avoiding the infrastructure impact tax.
According to the prosecution's calculations, in only one case in the construction of a residential complex, the Municipality of Korça suffered a damage of 36 thousand euros, as the subject paid 3% of the tax and not 8% as required by law.
"The Prosecutor's Office at the Court of First Instance of General Jurisdiction, Korçë, completed the investigations and sent citizens Zhaneta Lubonja and Ermal Gjermeni to court for committing the criminal offense of "Abuse of duty" provided for by Article 248 of the Criminal Code."
From the investigations into criminal proceedings no. 1061, of 2022, it resulted that these citizens, the Director of the Urban Planning Directorate and the Head of the Territorial Control and Development Sector in the Municipality of Korça, who for many years have worked as engineers at the Urban Planning Office in the Municipality of Korça and have had the duty to check applications made by citizens or businesses for permits to carry out new construction or other construction works, evaluate documentation, approve permits, etc., have applied lower rates of tax in 18 cases from 8% to 3% and in 2 cases from 4% to 3%.
In the case under investigation, for the construction of a complex with 4 buildings in neighborhood no. 3 of the city of Korça, the two heads of the Urban Planning Department of the Municipality of Korça approved the construction permit for use as a tourist complex and the subject paid the 3% tax for the impact on infrastructure for new constructions, at a time when the tax for the impact on infrastructure for new constructions for residential purposes, or commercial service units, for the traditional architectural ensemble area in the city of Korça, is set at 8% of the sales price per square meter.
The entity did not comply with the conditions of the construction permit, paid 3% of the infrastructure impact tax, when it should have paid 8%, an evasion of 36,000 Euros in monetary value from the Infrastructure Impact Tax by this entity alone. The evasion of the tax from 8% to 3% was made with the approval of the heads of the Urban Planning Office of the Municipality of Korçë.
From the above, it results that with their actions, citizens Ermal Gjermeni and Zhaneta Lubonja have consumed the elements of the criminal offense "Abuse of duty", provided for by Article 248 of the Criminal Code and must bear criminal responsibility.
They favored construction entities in 18 cases, where the 8% tax for construction with the purpose of sale was unfairly reduced to 3% or 4% and in two cases from 4% to 3%, causing economic damage to the Municipality of Korça. They also approved certificates for the provision of a certificate of use, hiding the commercial purpose of the construction even when it was clear that apartments were sold. Likewise, citizen Ermal Gjermeni signed reports with false content, did not respect the competences for the control of the construction and caused economic damage to the Municipality of Korça, "the prosecutor's office said in a statement.
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