FLASH
Shkruar nga Pamfleti
The decision to sentence Arbër Paplekaj to 7 years in prison has become final, the person who was involved in the serious incident of April 2021, who killed Socialist Party militant Pjerin Xhuvani, known in Elbasan as "Pipi", with a pistol.
The Appeals Prosecution in Tirana, from December 2024 when the decision was made public, until this stage has not filed an appeal with the Supreme Court, leading to the acceptance of the conclusion issued by the Court, which decided to change the charge against Papleksaj, bringing his sentence to 7 years in prison for the criminal offense of "Murder committed under conditions of severe psychological shock."
Meanwhile, the Elbasan Court had sentenced Paplekaj to 22 years in prison for the charge of "Murder in other qualifying circumstances."
The 7-year prison sentence now remains in effect after the Appeals Prosecution Office did not appeal to the High Court, causing the criminal file against Paplekaj to be archived in the archives of the Elbasan Court.
It is expected that within 1 and a half years, Arbër Paplekaj will be released from prison.
In the reasoned decision, the trio of Appeal judges say that: " ...it is proven that the defendant at the time of committing the criminal offense was in a state of psychological shock, which was caused by the violence and serious insult of the victim (Pjerin Xhuvani). The psychological shock arose due to the unjust actions of the victim in a momentary and temporary manner...".
The decision further states that: "...during the duration of this state, the defendant did not have full control of his actions, as his consciousness was clouded and the physiological effect caused as a result of the actions of the victim (Pjerin Xhuvani) prevailed..."
The Tirana Court of Appeal bases these arguments on a psychiatric-legal examination conducted on the defendant Arbër Paplekaj, where psychologists concluded that Paplekaj was in a state of extremely strong emotional state at the time of committing the criminal offense.
This expert report was not considered reliable by the Elbasan court, while the Tirana Court of Appeal treated it as reliable and necessary for changing the charges against Paplekaj.
The psychological examination of Paplekaj states that: "...this condition arose suddenly and acted for several moments, weakening conscious intellectual activity and self-control abilities, but without losing them...".
But to be more convincing, the Tirana Court of Appeal has also referred to the jurisprudence of the Supreme Court, which provides an explanation on the verification of psychological affect in relation to the criminal offense of "Murder committed in a state of severe psychological shock."
And according to the Supreme Court's explanation, severe psychological shock is a very strong physiological effect that arises immediately, suddenly, as a result of the provoking cause, lasts a few moments and then passes.
During the duration of this state, the specific person does not have full control of their actions, as their consciousness is alienated, with the effect dominating.
The Court of Appeal further states in its decision that from the video footage and the testimonies of the witnesses questioned at the trial, it is proven that the defendant was attacked by a group of over 20 people, who unexpectedly arrived at the scene in several vehicles, in an organized and planned manner, where the victim Pjerin Xhuvani was identified as the leader of the group.
"...the victim, followed by other persons, including Eltjon Bodinaku and Luan Tabaku, took violent and serious insulting actions against the defendant Paplekaj, insulting and cursing his family members. It is proven that the victim, the late Pjerin Xhuvani, followed by other persons, pushed with his hands and chased and separated the defendant Arbër Paplekaj..." - the reasoned decision states.
It is also proven that the entire event, from the moment the group of people arrived in cars, to the gunfire, took place in a very short period of time, a few seconds.
Also, from the examination of the crime scene and the expert reports conducted during the investigation, as well as the expert report administered as evidence by the repeated judicial review by the court of appeal, it is proven that there were 2 other shooters at the scene, who fired 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 clothes additional factors of the shooting were found. These additional factors were also found in the clothes of Eltion Bodinaku and Emiljan Prenga, who were located very close to the victim Pjerin Xhuvani..." - the Tirana Court of Appeal states.
The same court overturned the convictions of Elbasan police officers, declaring Albert Nushi, Nikollaq Palla, Dedjon Duraku, Pëllumb Biçaku, Erjon Balla, Erjon Meçja, Donald Dedjan and Besmir Kadiu innocent./ Oranews
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