FLASH
Shkruar nga Pamfleti
The Court of Appeal has left unchanged the 15-year prison sentence against Fredi Rrushi, accused of murdering the businessman Ruzhdi Hoxha, whose lifeless body was found behind Dajti mountain.
The decision of the First Instance was appealed by the victim's father and son, but the Appeal decided not to accept the appeal for lack of legitimacy.
In July 2023, the Court of Tirana sentenced Fredi Rrushi to 15 years in prison, but due to the shortened trial, the final sentence was 10 years in prison. In pretense, the capital's prosecutor's office had requested 18 years in prison for Rushi.
Hoxha's dead body was found on November 6, 2021, after he was reported missing by his family two weeks ago.
Hoxha was wanted since October 24, 2021, three days after his family lost contact with him. The last person to meet Hoxha was Ferdinand Rrushi, who claimed to have left his friend in the area of Treshi in Tirana. But from the investigations
The 43-year-old was a businessman in the field of inerts in Tirana. For the last time, Hoxha was caught by a security camera in the area of the Tirana-Durrës highway near a business. Initially, it was his son who referred the case to police station number 5 to be registered with the Tirana Police. From the searches carried out, the blues of the capital were able to find Hoxha's SIM card, through which his last communications were also discovered. Among them was a phone call with citizen Fredi Rrushi, filed by Italian justice for drug trafficking.
NOTICE
On 24.01.2021, at Police Station no. 5 Tirana, the citizen with the initials S. H appeared and filed a report, who stated that his father, the citizen with the initials Rruzhdi Hoxha, has left home for several days and has not returned. Based on the investigations carried out, it was possible to find the corpse of the deceased Rruzhdi Hoxha, in the area of Dajti. Accused for the above fact are the defendants with initials F. Rr and P. Rr., against whom the charges were brought:
1. the defendant with the initials Fredi Rrushaj, was accused of committing the criminal offense "Premeditated murder", "Unauthorized possession and production of weapons, explosive weapons and ammunition" and "Hiding or disposing of a corpse", provided for by Article 78, 278/1 and 303 of the Criminal Code, as well as
2. the defendant with the initials P. Rr, was accused of committing the criminal offense "Actions that prevent the discovery of the truth", provided for by Article 301 of the Criminal Code.
At the end of the trial at first instance, the Court of First Instance of General Jurisdiction Tirana, with decision no. 1751, dated 05.07.2023 decided:
1. The guilty declaration of the defendant F. Rr for committing the criminal offense of "Intentional murder", provided by article 76 of the Criminal Code and based on this provision, the defendant's sentence to 14 (fourteen) years of imprisonment.
2. The guilty plea of the defendant F. Rr for committing the criminal offense of "Unauthorized possession and production of weapons, explosive weapons and ammunition", provided by article 278/1 of the Criminal Code and based on this provision, sentencing the defendant to 5 (five) years of imprisonment.
3. The guilty plea of the defendant F. Rr for committing the criminal offense of "Hiding or disposing of a corpse", provided for by article 303/1 of the Criminal Code and based on this provision, the defendant's sentence of 1 (a ) year imprisonment.
4. In application of Article 55 of the Criminal Code in determining a single sentence for several criminal offenses, the defendant F. Rr is sentenced to a single sentence of 15 (fifteen) years of imprisonment.
5. In application of Article 406 of the Penal Code, 1/3 (one third) of the sentence is reduced and finally the defendant F. Rr is sentenced to 10 (ten) years of imprisonment.
6. The guilty plea of the defendant P. Rr for committing the criminal offense of "Actions that prevent the discovery of the truth", provided for by article 301 of the Criminal Code and based on this provision, the defendant's punishment with 1 (a ) year and 6 (six) months of imprisonment.
7. In application of Article 406 of the Penal Code, 1/3 (one third) of the sentence is reduced and ultimately the defendant P. Rr is sentenced to 1 (one) year of imprisonment.
8. The Prosecutor's Office at the Court of First Instance of Tirana General Jurisdiction is charged with the execution of this decision.
9. An appeal against the decision is allowed within 15 (fifteen) days from the day of notification of this decision to the Court of Appeal of the General Jurisdiction of Tirana.
After the communication of the decision, on 01.08.2023, the heirs of the victim of the deceased Rr. H, his father with initials Xh. H, as well as his son with initials E. H, who requested:
1. The change of the court decision given to the defendant with the initials F. Rr, regarding the qualification of the criminal offense from that of "Deliberate murder" to that of "Premeditated murder", carried out in collaboration, provided for by Article 78 /2 of the Penal Code and in the consolidation of the sentences, his sentence should be imposed with life imprisonment.
On 15.09.2023, the criminal case was registered in the court of appeal, based on the aforementioned appeals.
Under these conditions, the appellate court, in the advisory room, questioned the admissibility of the appeal presented by the victims against the decision of the court of first instance, regarding their legitimacy. During the verification in the counseling room, the court of appeal found irregularities in the act of notification of the decision, addressed to the prosecution, it being unclear whether the communication was carried out or not. Under these conditions, the court of appeal decided to verify this procedural aspect, as well as to pass the case for review in a court session
In the court session of 02.07.2024, referring to letter no. 1883 prot., dated 23.02.2024 sent by the Prosecutor's Office of the General Jurisdiction of Tirana, it turned out that the prosecutor of the case had learned about the decision of the Court of First Instance of the General Jurisdiction of Tirana and had not appealed. In these circumstances, the trial of the case on appeal continued only with the appeal of the victims of the criminal offense (the heirs of the victim).
Regarding these appeals, the appeals prosecutor Mr. Arben Qosja and the defendant's defense attorney F. Rr., asked to decide the non-admission due to the lack of legitimacy of the victim of the criminal offense to appeal against the final decision of the court of first instance .
The counsel for the appellants asked the appellate court to consider the appeal of the victims admissible and to overturn the decision of the court of first instance.
At the end of the trial, on 02.07.2024, the Court of Appeal of the General Jurisdiction, composed of the panel of Judges Ms. Marsela Pepi and member Mrs. Edlira Petri and Mr. Fatri Islamaj decided:
- The non-acceptance of complaints submitted by the victims of the criminal offense E. H and Xh. H, against decision no. 1751, dated 05.07.2023 of the Court of First Instance of the General Jurisdiction of Tirana for lack of legitimacy.
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