FLASH
Shkruar nga Pamfleti
There were 2 other shooters at the scene, who shot and have not yet been identified by the prosecution.
The Tirana Court of Appeal has whitewashed the 48 pages of the criminal decision against the former RENEA official, Arbër Paplekaj, who in April 2021 killed the Socialist Party militant, Pjerin Xhuvanin, who is known in Elbasan as "Pipi", with a pistol.
Initially, for this murder, Arbër Paplekaj was accused of the criminal offense of "Murder in other qualifying circumstances", pleading guilty and sentenced by the court of Elbasan, to 22 years in prison.
But the situation regarding Paplekaj changed in the Tirana Court of Appeal, which decided to change the legal qualification against the defendant whom it convicted not for the first charge, but for another charge such as "Murder committed in conditions of strong mental shock" , declaring him guilty and sentenced to 7 years in prison. With this measure of punishment, Paplekaj will soon leave the cell.
It is expected that in the following days this decision-making will be appealed to the Supreme Court, by the prosecutor of the case, Gent Xholi, who will request that the 22-year prison sentence for Paplekaj be upheld.
In the argued decision, the three judges of the Appeal say that: "...it is proven that the defendant at the time of committing the criminal offense was in a condition of mental shock, which was caused by the violence and the serious insult of the victim (Pjerin Juan). The psychic shock was born due to the unjust actions of the victim in that instant and temporary way...".
Further in the decision it is stated that: "... during the duration of this condition the defendant did not have full control of his actions, as his consciousness was obscured and the physiological effect caused as a result of the victim's actions prevailed (Pjerin Xhuvani)..."
The Tirana Court of Appeal supports these arguments on a psychiatric-legal examination conducted on the defendant Arbër Paplekaj, where psychologists have concluded that Paplekaj at the time of committing the criminal offense was in a state of extremely strong emotional state.
This report-expertise was not considered reliable by the court of Elbasan, while it was treated as reliable and necessary for the change of the charge against Paplekaj by the Tirana Appeal.
The psychological examination of Paplekaj says that: "...this condition arose suddenly and acted for a few moments, weakening conscious intellectual activity and self-control skills, but without losing them...".
But to be more convincing, the Court of Appeal of Tirana has also referred to the jurisprudence of the Supreme Court, which provides an explanation on the verification of psychological affect related to the criminal offense of "Murder committed in a state of strong mental shock".
And according to the explanation of the Supreme Court, strong psychic shock is a very strong physiological effect, which arises immediately, in a flash, as a result of the provocative cause, lasts a few moments and then passes.
During the duration of this state, the concrete person does not have full control of his actions, as his consciousness is alienated by the prevailing effect.
Further, the Court of Appeal states in its decision that from the film footage and the testimonies of the witnesses questioned in the trial, it is proven that the defendant was attacked by a group of over 20 such persons, who came unexpectedly to the scene with several vehicles, organized and planned, where the victim Pjerin Xhuvani was identified as the leader of the group.
"...on the part of the victim, followed by other persons, among them Eltjon Bodinaku and Luan Tabaku, acts of violence and serious insult were undertaken against the defendant Paplekaj, insulting and insulting his family members. It is proven that the victim, the deceased Pjerin Xhuvani, followed by other persons, pushes with his hands and chases and separates the defendant Arbër Paplekaj...", the reasoned decision states.
It is also proven that the entire event, from the moment when the group of people arrived in cars, until the shots were fired, took place in a very short period of time, of a few seconds.
Also, from the inspection of the scene and the expert reports carried out in the investigation, as well as the expert report administered as evidence from the repetition of the judicial review by the Court of Appeal, it is proven that there were 2 other shooters at the scene, who shot and have not yet been identified by the prosecution.
"...it is proven that one of these two shooters was at a close distance of no more than 1 meter, with the victim Pjerin Xhuvani, in whose body additional factors of the shooting were found. These complementary factors were also found in the bodies of Eltion Bodinaku and Emiljan Prenga, located very close to the victim Pjerin Xhuvani...", says the Tirana Court of Appeal.
The same court overturned the sentence for the police officers of Elbasan, declaring Albert Nushin, Nikollaq Palla, Dedjon Duraku, Pëllumb Biçakun, Erjon Ballë, Erjon Meçjan, Donald Dedjan and Besmir Kadiun innocent./ Ora News
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