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Shkruar nga Pamfleti
The Fier Prosecutor's Office has forwarded for trial the file against a builder and two local officials for the criminal offenses of 'Violation of occupational safety regulations', 'Misuse of land', 'Illegal construction' and 'Misuse of office' provided for by articles 289 pg.1, 199, 199/a pg.4 and 248 of the Criminal Code.
In the framework of the investigation of criminal proceedings no. 1418, dated 16.09.2024, it resulted that on 14.09.2024, in the village of Suk-1, Strum Administrative Unit, Roskovec Municipality, citizen SB lost his life as a result of contact with electricity. Victim SB, while working at the construction site of citizen ED, (Defendant), came into contact with the electricity transmission line which was located near the unauthorized facility that was being built by defendant ED.
From the investigative actions carried out, the criminal fact was documented, which is related to the criminal offense "Violation of occupational safety rules", provided for by Article 289, paragraph 1 of the Criminal Code, an offense committed by citizen ED. This citizen results that in the capacity of the builder/customer, investor, he did not take technical safety and occupational safety measures.
On his part, an unauthorized construction was carried out, where no measures were taken to ensure working conditions or technical safety at the construction site. The obligation to take technical safety and protection measures at work arose for the defendant from Law No. 10287 dated 18.02.2010 “On safety and health at work”, DCM No. 312, dated 5.5.2010 “On the Approval of the Regulation “On safety at the construction site”, DCM No. 312/5.5.2010 and “Regulations on technical safety for construction work”.
Against the defendant ED, the prosecution filed charges for the criminal offense “Illegal construction”, provided for by article 199/a pg.4, of the Criminal Code. The defendant ED, it turned out that he had carried out a construction without the permission of the competent authorities for profit purposes. The illegal construction turned out to have been carried out on an agricultural land area of 320 m2. For this fact, the prosecution has found an element of the criminal offense “Misuse of land”, provided for by article 199 of the Criminal Code. The defendant turned out to have built in violation of the destination of the agricultural land, in violation of the provisions of law no. 9244 dated 17.06.2004 “On the protection of agricultural land”, which in its article 14 prohibits construction activity on agricultural land.
It has also been investigated regarding the actions or inactions of state bodies regarding unauthorized construction.
The investigation proved that the Inspectorate of Territory Protection at the Municipality of Roskovec was aware of the illegal construction and did not take any measures in order to fulfill their functional duties. The documentary evidence proved that; Chief Inspector E.Ç and Inspector SM, on duty at the IMT of the Municipality of Roskovec, although they were made aware of the illegal construction, had not fulfilled their functional duties, nor proceeded as provided for in Law No. 9780, dated 16.7.2007 “On the inspection and protection of the territory from illegal construction” and Law No. 107/2024 “On the planning and development of the territory”. The employees who exercised the above duties did not exercise control over the territory nor did they take any legal measures even after the illegal construction was ascertained. In these circumstances, the prosecution has charged them with the criminal offense of "Abuse of office" committed in collaboration, as provided for in Article 248-25 of the Criminal Code.
In conclusion, it was requested that the case be sent to trial for the defendants:
-ED, on charges of committing the criminal offenses of "Violation of occupational safety regulations", "Misuse of land", "Illegal construction", provided for by articles 289, pg.1, 199, and 199/a, pg.4 of the Code.
-E.Ç, on the charge of committing the criminal offense of "Abuse of office" committed in collaboration, as provided for in Article 248-25 of the Criminal Code.
-S. M, on the charge of committing the criminal offense of "Abuse of office" committed in collaboration, as provided for in article 248-25 of the Criminal Code.
In addition, the Prosecutor's Office at the First Instance Court of General Jurisdiction in Fier expresses its full commitment and the legal responsibility of persons who commit criminal offenses that violate technical safety at work with consequences for the life and health of persons or that are contrary to the rules in the field of construction.
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