FLASH
Shkruar nga Pamfleti
It is learned that the lawyer was mainly appointed Artan Simoni, who will represent Berisha...
Judge Irena Gjoka seems to have no intention of taking a step back, despite Berisha's pressures and attacks. Today is the deadline for the confirmation of the security measure and Berisha has started legal actions to avoid the "compulsion to appear".
Today at 14:30 the hearing against him started and Berisha sent his lawyers to the court. But the lawyers Genc Gjokutaj and Sokol Mêngjesi have made several requests to the court, among which is to request an opinion from the Constitutional Court whether such a security measure can be imposed on Berisha or not, given that he has a mandate as a member of parliament.
The judge refused and the lawyers left the session. But Irena Gjoka has not taken a step back. She requested that the hearing continue with a lawyer appointed by the state. It is learned that the lawyer was appointed Artan Simoni.
Notice of the Court
On 25.10.2023, at 2:30 p.m., in the Special Court of First Instance for Corruption and Organized Crime, a court hearing was held for the continuation of the review of the request submitted by the Special Prosecutor's Office, with the purpose of questioning the citizen under investigation Sali Berisha.
- The court, after verifying the presence of the parties, concluded that the investigator Sali Berisha had not appeared in person and that his 2 defenders had appeared, chosen with a special power of attorney, Mr. Sokol Mêngjesi and Mr. Genc Gjokutaj.
- On the part of the defenders, 2 requests were submitted, specifically: For making available the copies of the acts of the preliminary investigations filed by the proceeding body, the CD-audio of the previous court session and its transcription, and at the same time they requested the sending of case to the Constitutional Court for an incidental trial, related to the interpretation of Article 73, point 2 of the Constitution.
- After the court retired to the consultation room, it ruled as follows regarding the requests submitted by the chosen defenders of the investigated Sali Berisha:
Regarding the request for making available the copies of the acts of the preliminary investigations filed by the proceeding body, the court has decided in the previous court session of 24.10.2023, by which their request for the recognition of the acts was accepted and at the same time receive their copies in accordance with article 105, 110 and 248, point 1 of the Penal Code.
Accepted the request for making available the CD-audio of the previous court session and its transcription, against the respective fees.
Dismissed the request to send the case to the Constitutional Court for an incidental trial, related to the interpretation of Article 73, point 2 of the Constitution.
- On the part of the defenders, av. Sokol Mêngjesi and av. Genc Gjokutaj, it was made known that they submitted a request for the exclusion of judge Irena Gjoka from the trial of the case and in these conditions they left the courtroom, declaring that they cannot fulfill an effective defense.
- The court announced that in the first court session, in the conditions that it was not aware of the choice of a defense counsel by the investigated Sali Berisha, referring mainly to the list of lawyers, it ordered the notification of the lawyer Artan Simoni, informing him lastly, to appear before the chief secretary of this court to familiarize himself with the documents in advance, in the event that on the part of the investigated Sali Berisha, the choice of a defender would not be made.
- After receiving the opinion of the prosecutors, under the conditions that the 2 lawyers chosen by the investigated Sali Berisha, av. Sokol Mêngjesi and av. Genc Gjokutaj left the courtroom, based on article 6, 48 and 248 of K. For criminal cases, the court decided to appoint mainly the lawyer Artan Simoni, a member of the Tirana Local Chamber of Advocacy, to protect the legal interests of the investigated Sali Berisha.
- The court stopped the judicial review for a few minutes, waiting for the arrival of the lawyer Artan Simoni, for the continuation of the court session.
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