FLASH
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The appeal sentenced Brisel Kurtmetaj to 8 years in prison, who in 2020 tried to kill a person with a gun in Shkodër.
Kurtmetaj was sentenced by the Court of Shkodra to 10 years in prison, while the Appeal dropped one charge and sentenced him to 8 years in prison.
The appeal has judged that of the three charges, "Intentional murder" remaining in the attempt", "Possessing and manufacturing weapons, explosive weapons and ammunition" and "Disturbance of public peace", the latter falls, sentencing him for the first two charges.
Full Notice:
In the Court of First Instance of the General Jurisdiction of Shkodër, the trial was held regarding the criminal case that belongs to the defendant Brisel Kurtmetaj, accused of committing the criminal offenses "Deliberate murder" remaining in the attempt, "Carrying without permission and manufacturing of weapons, explosive weapons and ammunition" and "Disturbance of public peace", provided by articles 76-22, 278/1 and 274 of the Criminal Code.
The fact object of accusation is related to the event that happened on 15.08.2020, at 22:30, where the Operative Hall of the Local Police Directorate of Shkodër was notified that gunshots were heard in Shirokë, Shkodër. After the actions of the police, it turned out that the defendant with the initials B. K (G) had fired a firearm at the moving vehicle of the "Audi" brand, which was being driven by the citizen with the initials SB
The Court of First Instance of Shkodra General Jurisdiction, with decision no. 1303(3278), dated 10.07.2023, has decided:
1. The guilty declaration of the defendant B. K (G), for the commission of the criminal offense "Intentional murder" remaining in the attempt, provided by article 76 and 22 of the Criminal Code, and his sentence of 10 (ten) years imprisonment.
2. The guilty plea of the defendant B. K (G), for committing the criminal offense "Possessing and manufacturing weapons, explosive weapons and ammunition" provided by Article 278/1 of the Criminal Code, and his punishment with 5 (five) years and 6 (six) months of imprisonment.
3. The guilty declaration of the defendant B. K (G), for committing the criminal offense "Disruption of public peace", provided for by Article 274/1 of the Criminal Code, and his sentence of 6 (six) months of imprisonment.
4. In the application of Article 55 of the Criminal Code in the consolidation of sentences, the defendant B. K (G), is finally sentenced to a single sentence of 15 (fifteen) years of imprisonment.
5. Pursuant to Article 406/1 of the Code of Criminal Procedure, the defendant B. K (G) is reduced to 1/3 (one third) of the sentence given, being ultimately sentenced to 10 (ten) years of imprisonment.
The case on appeal was examined on the basis of the appeal made by the defendant with the initials B. K, who requested:
1. Amending the decision of the Court of First Instance of the General Jurisdiction of Shkodër as follows:
- The guilty plea and the sentence of B. K (G) for the criminal offense of "Intimidation" provided for by Article 84 of the Criminal Code and his sentence with the minimum measure.
The guilty plea and punishment of B. K (G), for the criminal offense of "Possessing weapons without permission" provided for by Article 278/1 of the Criminal Code and his punishment with the minimum amount.
- Consolidation of the sentences with the sentence that will be given for the criminal offense provided for by Article 278/1 of the Criminal Code
- Dismissal of the trial for the criminal offense of "Disturbing the public peace", provided for by Article 274/1 of the Code criminal.
-Alternatively, in the event that the Court assesses that the person protected by me must plead guilty to committing the criminal offense of "Murder" remaining in the attempt, provided for by article 76 and 22 of the Criminal Code, based on articles 22, 23/ 2, 48/b/ç/dh/e, 49, 56/3 his punishment with a penalty measure below the minimum provided by article 76 of the Criminal Code and merging of the punishments his punishment with the punishment that will be given for the criminal offense provided by article 76 and 22 of the Criminal Code.
At the end of the trial, on 25.04.2024, the Court of Appeal of General Jurisdiction, composed of the panel with Judge Relator Mr. Dritan Hasani and member Mrs. Brikena Ukperaj and Mr. Genti Shala, decided:
-Enforcement of decision No. 1303 (3278), dated 10.07.2023 of the Court of First Instance of the General Jurisdiction of Shkodër, regarding guilt for the criminal offense provided for by article 76 and 22 and 278/1 of the Criminal Code and the amount of punishment for the last offense.
- The annulment of the decision and dismissal of the case for the criminal offense "Disruption of public peace", provided for by Article 274 of the Criminal Code.
- Sentencing the defendant B. K to 8 (eight) years of imprisonment for committing the criminal offense provided for by Article 76 of the Criminal Code.
- Based on Article 55 of the Criminal Code, the combination of sentences and the sentence of the defendant B. K with 12 (twelve) years of imprisonment.
-Based on article 406/1 of the K.Pr. Penalty, reduction of 1/3 of the sentence and finally sentencing the defendant B. K to 8 (eight) years of imprisonment.
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