FLASH
Shkruar nga Pamfleti
Former officer Arbër Sula has been sentenced to 6.8 years in prison for the murder that happened after the fight for the queue in a market. The event happened in 2021 and the victim was Jurgen Duka. The perpetrator was sentenced by the First Degree to 6 years and 8 months in prison, which was not accepted by the prosecution.
The latter demanded 16 years in prison for him. But the scandal is that the prosecution made the appeal outside the legal time limits and the appeal was not accepted by the Appeal, causing the old decision to be upheld today.
NOTICE OF THE COURT OF APPEALS
In the Court of First Instance of the General Jurisdiction of Tirana, the trial was held regarding the criminal case that belongs to the defendant with the initials AS, accused of committing the criminal offense of "Deliberate murder", provided for by Article 76 of the Criminal Code. Criminal.
The accused fact is related to the event that happened on 14.12.2021, around 00:20, in the "Market Juli" bar, on "Irfan Tomini" street, Tirana, as a result of a momentary conflict, the defendant AS killed with firearms citizen JD (M).
The Court of First Instance of Tirana General Jurisdiction, with decision no. 2019, dated 15.09.2023 decided:
The guilty declaration of the defendant A. S for the criminal offense "Deliberate murder", provided by article 76 of the Criminal Code and based on this provision his sentence of 10 (ten) years of imprisonment.
Pursuant to Article 406/1 of the Penal Code, 1/3 of the sentence is deducted, finally sentencing the defendant A. S to 6 (six) years and 8 (eight) months of imprisonment.
The sentence must be served in a regular security prison.
The case on appeal was considered on the basis of the appeals made:
- From the Prosecutor's Office at the Court of First Instance of General Jurisdiction Tirana, which requested the change of the decision of the Court of First Instance of General Jurisdiction Tirana.
- The guilty plea of the defendant AS, for the criminal offense of "Deliberate murder", provided by Article 76 of the Penal Code and, based on this provision, his sentence of 16 (sixteen) years of imprisonment.
- In application of Article 406 of the Penal Code, the reduction of 1//3 of the prison sentence.
- From the defendant with the initials AS, who requested the change of the decision of the Court of First Instance of the General Jurisdiction of Tirana, regarding the legal definition of the criminal offense, to declare the defendant guilty of the criminal offense of "Murder committed in the situation of strong mental shock", provided by article 82 of the Penal Code and his punishment at the minimum of this provision.
At the end of the trial, today on 08.02.2024, the Court of Appeal of the General Jurisdiction, composed of the panel with the Judicial Reporter Mrs. Irena Brahimi and members Mrs. Fuat Vjerdha and Mr. Genti Dokollari, decided:
- The rejection of the appeal to the Prosecutor's Office at the Court of First Instance of the General Jurisdiction in Tirana, against decision no. 2019, dated 15.09.2023, of the Court of General Jurisdiction in Tirana, due to filing the appeal outside the legal deadline.
- The rejection of the appeal of the defendant A. S, against the decision no. 2019 date 15.09.2023 of the Court of General Jurisdiction Tirana, due to the waiver of appeal.
- Appeal against the decision is allowed according to the law.
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