FLASH
Shkruar nga Pamfleti
In the podcast "Talk to Anila Hoxha" on Top Albania Radio, this Saturday the issues of alternative punishment options were discussed.
The lack of an open prison that would bring applications for convicts who attend school, are at work, raise children or have family problems.
Although it has been experimented in recent years, the punishments are few.
While the other sentence with electronic surveillance continues to be blocked for at least four years, after the reform, the perpetrators of light crimes are also offered the possibility of a plea agreement.
What happens in this process is explained by Granit Gjana, who has held the office of prefect of Kukes, deputy mayor and as one accused by SPAK of violating equality in tenders, was offered an opportunity by the Special Prosecutor's Office.
In the podcast with Anila Hoxha, he recounted how he was offered a plea deal by SPAK.
Anila Hoxha : We are together to talk about an open proceeding against you by SPAK, which was submitted to the defendant in court, based on the plea agreement. Specifically, what is it about and how long did this investigation last against you and what were your duties? Are the accusations against you because of the deputy mayor of Kukës or because of suspicions that you committed violations while you were the Prefect of Kukës?
Granit Gjana: I was investigated at the beginning of December. The investigation has to do with the position of the deputy mayor of the municipality of Kukës and is mainly related to a procurement procedure for the purchase of fuel for the needs of the municipality of Kukës. So, the Kukës municipality organized the fuel tender every year, at that time I as the deputy. the mayor also held the role of the holder of the subcontracting authority and the SPAK special prosecution has opened an investigation into this matter, following a report made by a subject that participated in the tender.
He accuses me of obstructing him for some documents that the municipality gives him, I obstructed his participation in that procurement procedure, which were eventually canceled after a decision of the Public Procurement Commission (PPC) and during this time at the moment that the investigations ended, the special prosecutor's office also offered me the conditions of pleading guilty, so that my sentence was not imprisonment but was converted to probation and non-participation in public administration for at least 5 years, as the law requires .
Anila Hoxha: This was a negotiation between you and the prosecutor of the case, so the offer was for you to plead guilty and the investigation would not last so long?
Granit Gjana: I didn't extend it. The conditions were such that at the moment the guilt would be accepted, the sentence would be converted to probationary service and this was supported in several points. Given that I have a little daughter, who has just turned 1 year old, and normally the family conditions to raise the daughter to support the family were difficult as only the wife found it impossible, as we also live in a house with a loan and normally it was impossible for her alone to manage to pay the loan. Normally, I presented these to the prosecutor who were very professional in this story and they thought that considering all the circumstances that I had not been convicted before, I had no previous criminal records and it was judged that to go on probation, so that I could also work and support my family.
Anila Hoxha: Mr. Gjana, did you try the plea agreement for family and economic reasons as a defendant? Meanwhile, did you feel guilty for the charges that were attributed to you by the special prosecution?
Granit Gjana : Maybe at the time when I was the deputy mayor, how did I think like that since my knowledge was probably not enough, in terms of the law, but it was not tendentious to hinder a subject or something such. Later, I may have judged it and it may have been a mistake since I was a political person in that position, I also had political commitments during the electoral campaign and during the daily routine I may have overlooked it. It's not that it was something intentional even at that time, it's not that I thought it would be a violation of equality in tenders. The prosecutor's office judged it fairly. So I obeyed what he said…
Anila Hoxha: In addition to the fact that you did not go to prison with this offer made to SPAK, you also had other circumstances that would be sealed, such as avoiding a protracted trial or even circumstances that may still be in your favor from the agreement to plead guilty?
Granit Gjana: Yes, it was for both parties. We also thought that by shortening the time, by shortening the court proceedings, but I think that the prosecutor's office also judged that in this form it shortens the time of the trial, as we know that a normal trial will take longer.
Anila Hoxha: Mr. Gjana, how long did this process of discussions between the prosecution and you as a defendant last?
Granit Gjana: About 2 weeks - 1 month.
Anila Hoxha : Negotiations to accept it?
Anila Hoxha: And then the case went to court?
Granit Gjana: Yes, the case went to court. The court held 2-3 hearings on this issue. The court decided not to accept this agreement, but we still have the decision of what the court said about the reasons for not accepting this agreement. We have learned in the courtroom that it has not been approved. The agreement has been rejected, we are waiting for what the court will say.
Anila Hoxha: Were you present at this hearing in the anti-corruption court?
Granit Gjana: No, I have not been. I was represented by lawyers in a previous session. I have been to several sessions. I was not at the last session when the decision was given.
Anila Hoxha: Were there any questions, on which the judge sought to clarify his ambiguities?
Granit Gjana: I was asked, are you aware of the consequences of this type of agreement. Undoubtedly, I was aware that it was done by both parties with the actual will of both parties, the prosecution and me. What the court saw is the question of the court that rejected it.
Anila Hoxha: Now that the anti-corruption court rejected the agreement concluded between you and SPAK, what do you predict could happen as long as the judicial body ordered and reversed the acts?
Granit Gjana: The investigation period has been extended by three months, because the decision has not yet been made. So my deadline is until August 22 and I believe that the prosecution will evaluate what I will do. Undoubtedly, the lawyers also do their work, as far as this matter is concerned.
Anila Hoxha: Now that the agreement was reversed and is no longer in force, will you fight with Albanian justice for innocence?
Granit Gjana: We will try to get acquittal if I am really innocent and the court will judge this./ Top Channel
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