FLASH
Shkruar nga Pamfleti
SPAK assesses that the legal conditions for continuing criminal prosecution do not exist...
The Special Prosecution Office against Corruption and Organized Crime (SPAK) has officially requested from the Special Court the termination of the criminal proceedings against Judge Irena Gjoka, on charges of forgery of seals, stamps or forms.
The criminal proceedings were registered in 2025, following a complaint filed by Adriana Kalaja, in her capacity as the chairwoman of the Appeal and Statute Evaluation Committee of the Democratic Party. The complaint included allegations of falsification of the Decriminalization Form, as she had not indicated the sentence received by the Greek justice system.
SPAK has administered a series of evidence and documents from Albanian institutions and the justice authorities in Greece. From these verifications it results that there is a 2005 decision against Irena Gjoka from a court in Ioannina, where she was found guilty of using irregular documents and violating the rules of entry into Greek territory.
"Furthermore, from the documentation provided, it appears that a criminal trial was also conducted against her in Greece, specifically with decision no. 1447/2005 of the Criminal Court of First Instance in Ioannina, where she was found guilty and sentenced for using irregular documents. However, this trial was conducted in her absence, while the notification was carried out according to the procedures for persons with unknown residence. In this context, there is no documentation proving that she was actually and effectively notified either of the trial or of the announcement of the decision ," the SPAK announcement states.
However, according to SPAK, this trial was conducted in her absence and there is no evidence that she was effectively notified of the trial or decision.
Also, the verifications show that the criminal records issued by the Greek authorities do not include any criminal conviction against her. Even in her self-declarations, Gjoka has stated that she has not been convicted by a final decision. At the end of the investigations, SPAK assesses that the legal conditions for continuing the criminal prosecution do not exist and it is not proven that the judge has committed the criminal offense for which she was reported. For this reason, the institution has requested the dismissal of the case
"Taking into account the lack of proper notification, the conduct of the trial in absentia, as well as the passage of the legal deadlines for criminal prosecution, it is concluded that the legal conditions do not exist for the further continuation of the criminal prosecution in this case and that it is not proven that Magistrate Irena Gjoka committed the criminal offense. Under these conditions, the Special Prosecution Office against Corruption and Organized Crime has requested the dismissal of the case, based on articles 28/1, 75/a and 328 point 1, letters "d" and "dh", as well as 329, letter "a" of the Code of Criminal Procedure ," the SPAK announcement further stated.
SPAK's full announcement:
The Special Prosecution Office against Corruption and Organized Crime has filed with the Special Court of First Instance the request for termination of criminal proceedings no. 130 of 2025 against the complainant Irena Gjoka, registered on 5.6.2025, for the criminal offense of "Forgery of seals, stamps or forms", provided for by Article 190 of the Criminal Code.
This criminal proceeding was registered based on the complaint filed by citizen Adriana Kalaja, in her capacity as the chairwoman of the Appeal and Statute Evaluation Commission of the Democratic Party. The complaint material was filed with the Special Prosecutor's Office on 20.5.2025 and included falsification of documents, abuse of office and exercising illegal influence.
Within the framework of this proceeding, additional reports, reference materials and documentation from various institutions have been administered, and numerous investigative actions have been carried out, including verifications at the General Prosecutor's Office, the Ministry of Justice and foreign authorities, through international legal cooperation mechanisms.
From the administered acts, including the documentation forwarded by the justice authorities of the Republic of Greece, it is evident that against the citizen Irena Gjoka (alias Shpata; Maneku) there is a criminal court decision of the Court of First Instance of Ioannina, with no. 1447/2005, through which she was declared guilty of the criminal offense provided for by the Greek criminal legislation "Entry and stay of foreigners in Greek Territory", sentenced to imprisonment and a fine (converted to a fine according to the enacting clause of the decision).
The materials administered show that Irena Gjoka has been subject to administrative and judicial proceedings in Greece, following two incidents at the border, where the use of irregular documents and attempts to enter with different identification data were found. As a result, administrative measures have been taken against her, including deportation and a ban on entry into the Schengen area, which she has challenged in the Greek administrative courts.
Furthermore, the documentation provided shows that a criminal trial was also conducted against her in Greece, specifically with decision no. 1447/2005 of the Criminal Court of First Instance in Ioannina, where she was found guilty and sentenced for using irregular documents. However, this trial was conducted in her absence, while the notification was carried out according to the procedures for persons with unknown residence. In this context, there is no documentation proving that she was actually and effectively notified either of the trial or of the announcement of the decision.
Furthermore, no documentation proving the notification of the court decision against her has been administered, nor is there evidence of effective knowledge of the existence of this decision at the time of its issuance. The Greek authorities, in accordance with the relevant legislation (Law No. 3346/2005), have ordered the non-execution and archiving of the criminal decision, because it had not become final and because the criminal offense had become statute-barred.
Also, from the official verifications carried out, it results that the criminal records issued by the Greek authorities do not contain any data on a criminal conviction against her, while in the self-declaration form she has declared that she has not been convicted by a final decision. From the further analysis of the acts, it results that even if the existence of this criminal decision were taken for granted, the criminal prosecution regarding this fact results to be extinguished due to the statute of limitations, in accordance with the relevant applicable legislation.
Taking into account the lack of proper notification, the conduct of the trial in absentia, and the expiration of the legal deadlines for criminal prosecution, it is concluded that the legal conditions do not exist for the further continuation of the criminal prosecution in this case and that it is not proven that Magistrate Irena Gjoka has committed the criminal offense. In these conditions, the Special Prosecution Office against Corruption and Organized Crime has requested the dismissal of the case, based on articles 28/1, 75/a and 328 point 1, letters “d” and “dh”, as well as 329, letter “a” of the Code of Criminal Procedure.
This request has been submitted to the Special Court of First Instance for Corruption and Organized Crime. The Special Structure against Corruption and Organized Crime (SPAK) remains committed to exercising its constitutional and legal duties, guaranteeing an independent, impartial and law-based investigation.
O SPAKU, si ka mundesi , vetem ne ALBANISTANIN tone , mund te shpifin te gjithe , por sidomos , kreret e politikes, si Sali Ram ITUM .