FLASH
Shkruar nga Pamfleti
The Court of Appeal has upheld the prison sentence for the former SHIK employee, who killed an officer in 1997 with his service weapon.
Referring to previous reports in the media, the Court of Appeal of General Jurisdiction informs the following:
On 10.02.1997, the citizen with the initials H. V, an employee of SHIK, was traveling for work reasons, in the segment Tirana - Fushë-Kruje, with a Benz type truck as a passenger and the car was driven by the citizen with the initials B. Xh , employee of SHIK. The latter overtook the wrong way, endangering the vehicle driven by citizen A. C, a police officer at Police Station No. 4, in Tirana. The police officer, the citizen with the initials A. C, followed them by car and stopped them near the village of Tapizë. He got out of his vehicle and approached the truck where the defendant was, holding the service weapon. The latter shot him with the service machine gun, killing him.
i. Yes, on 10.02.1997, the defendant H. V was arrested in flagrante delicto for committing the criminal offense "Deliberate murder", carried out in collaboration, provided for by Article 76 of the Criminal Code. The Court of the Judicial District of Tirana with decision No. 546 of the Act, dated 12.02.1997, assigned the security measure "Arrest in prison", the defendant being secured in department 313 Tirana.
ii. With the decision dated 24.02.1997, the defendant H. V was charged with the criminal offense of "Deliberate murder", carried out in cooperation with the citizen B. Xh, provided for by article 76-22 of the Criminal Code.
iii. With the decision dated 26.02.1997, it was decided to drop the charges against the citizen B. Xh. On 13.03.1997, the defendant H. V, detained near Tirana Prison, left this institution together with other prisoners due to the explosion of prisons in Albania.
iv. On 05.06.1997, the Tirana District Prosecutor's Office decided to dismiss the criminal case against the defendant H. V, on the grounds that the offense occurred under the conditions of the necessary protection.
c. With the decision No. 34, dated 31.03.1998, the General Prosecutor has decided to annul the decision to dismiss the criminal case of 1997 and to resume the investigations for this criminal case, in charge of the defendant HV. Subsequently, this case has gone to trial.
• Court of the Krujë Judicial District, with decision No. 35 Act, dated 23.05.2000 decided:
- To declare the defendant H. V guilty of the criminal offense of "Murder with intent", due to the special qualities of the victim, provided by article 79/1 letter "c" of the Criminal Code, to be sentenced to life imprisonment.
- The punishment will start from the day of execution of this decision.
Against this decision, the defendant with the initials H. V appealed, who requested the annulment of the decision and dismissal of the case, since guilt is not proven.
• With decision No. 530, dated 06.12.2000, the Court of Appeal of Tirana, has decided:
-Rejection of the appeal against the criminal decision No. 35, dated 23.05.2000 of the Krujë District Court.
Pursuant to decision No. 35, dated 23.05.2000 of the Krujë Judicial District Court, the defendant with the initials H. V was arrested and extradited from the English state.
• On the basis of the request for "Reinstatement in time" of the convict H. V, the Court of the Judicial District Krujë, with the decision No. 91 Act, dated 22.06.2015 decided:
- The reinstatement on time of the requesting party H. V, to file an appeal against decision No. 35, dated 23.05.2000 of the Court of the Krujë Judicial District.
The defendant H. V filed an appeal, against decision No. 35, dated 23.05.2000 of the Krujë Judicial District Court, requesting the change of the decision and his not guilty declaration.
• Subsequently, the Tirana Court of Appeal, after examining the appeal from the defendant H. V, with decision no. 152, dated 10.02.2017 decided:
-Enforcement of decision No. 35, dated 23.05.2000 of the Court of the Judicial District of Krujë with this addition:
The sentence should be served in a high security prison".
Against the above-mentioned decision, the defendant H. V filed an appeal, who requested the annulment of decision No. 35, dated 23.05.2000 of the Krujë Judicial District Court and decision No. 152, dated 10.02.2017 of the Tirana Court of Appeal, as well as the return of acts for reconsideration in the Krujë Judicial District Court.
• Criminal College of the Supreme Court with decision No. 317, dated 24.11.2022 has decided: -
The annulment of decision No. 152, dated 10.02.2017 of the Tirana Court of Appeal and decision No. 35, dated 23.05.2000 of the Krujë Judicial District Court and returning the case for retrial to the Krujë Judicial District Court, with a different panel.
The Court of First Instance of the General Jurisdiction of Tirana has conducted the trial related to the criminal case that belongs to the defendant with the initials H. V, accused of committing the criminal offense of "Murder with intent", due to the special qualities of victim, provided by article 79/1 letter "c" of the Criminal Code.
• At the end of the retrial, the Court of the Judicial District of Tirana, with decision No. 2649, dated 08.11.2023 decided:
- The guilty declaration of the defendant H. V, for committing the criminal offense of "Deliberate murder" provided by Article 76 of the Criminal Code and his sentence of 18 (eighteen) years of imprisonment.
- The remaining sentence is to be served in a regular security prison.
The case on appeal was considered on the basis of appeals:
- From the Prosecutor's Office at the Court of First Instance with General Jurisdiction in Tirana, which requested the change of decision No. 2649, date 08.11.2023 of the Court of First Instance with General Jurisdiction Tirana, deciding the change of the legal definition of the criminal offense committed by the defendant with the initials H. V from "Intentional murder" provided by Article 76 of the Code Criminal in "Intentional murder due to the special qualities of the victim", provided by article 79 /1/ci Criminal Code (law of the time) and the punishment of the defendant according to the law.
– From the defendant with the initials H. V, who requested the amendment of decision No. 2649, dated 08.11.2023 of the Court of First Instance with General Jurisdiction in Tirana, deciding: • The
innocence of the defendant in relation to the criminal offense of "Deliberate murder", provided by article 76 of the Criminal Code or any more serious criminal offense.
• Innocence of the defendant for any criminal offense committed intentionally.
• Alternatively, the defendant's guilty plea for one of the criminal offenses committed by negligence, respectively: The one provided by Article 83 of the Criminal Code and the one provided by Article 85 of the Criminal Code;
applying article 406/1 of K.Pr. Criminal in relation to the measure of punishment.
At the end of the trial, on 06.03.2024, the Court of Appeal of General Jurisdiction, composed of the panel with Judge Relator Mr. Fatri Islamaj and members Mrs. Edlira Petri and Mrs. Marsela Pepi decided:
- Enforcing decision No. 2649, dated 08.11.2023 of the Court of First Instance of the General Jurisdiction of Tirana, regarding the legal definition of the criminal offense and the punishment imposed on the defendant HV
- Application of Article 406/1 of the Criminal Code. Criminal by reducing by 1/3 (one third) the amount of punishment and finally sentencing the defendant H. V to 12 (twelve) years of imprisonment.
- The Prosecutor's Office is charged with calculating the sentence served by the defendant H. V and executing this decision.
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