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Berisha is under investigation for the privatization of the former "Partizani" complex. He is accused of passive corruption.
Former Prime Minister Sali Berisha will appear before the court tomorrow for the affair with the "Partizani" Complex. Although he does not know the security measure "obligation to appear", he has asked the Special Court tomorrow at 14:00 to appear in order to familiarize himself with this security measure and be questioned. If he does not appear, he will most likely be escorted by force.
The announcement was made by the court itself, putting an end to the debate of the former prime minister not recognizing the decision.
" The Special Court of the First Instance for Corruption and Organized Crime, on 24.10.2023, Tuesday, at 2:00 p.m., has scheduled the court hearing of the questioning of the person under investigation Sali Berisha, based on Article 248 point 1 of K.Pr.Penale ", the court announces.
Berisha is under investigation for the privatization of the former "Partizani" complex. He is accused of passive corruption. It is suspected that through his position he favored his son-in-law in the privatization of lands and the construction of a complex of buildings there.
Malltezi was arrested and will appear before the court today at 18:00. Berisha himself was left as a security measure "obligation to appear", but he claims that SPAK and the court have violated the Constitution, since according to him, the Constitution does not allow any limitation of the MP's freedom. On Saturday, 2 police officers went to the PD headquarters to inform him of the decision, but he did not meet them with the argument that he does not know the decision. But it seems that the court is content only with the fact that it is aware. If Berisha refuses to go, he is expected to be forcibly taken away by the police.
This is what Article 248 of the Code of Criminal Procedure provides
Interrogation of the arrested person
1. No later than three days from the implementation of the measure, the court interrogates the person for whom it has placed the arrest in prison or at home. For other security, coercive or prohibitive measures, the court proceeds with questioning within five days from the implementation of the measure. The defense has the right to be familiar with the acts and to receive their copies.
2. Through questioning, the court verifies the conditions and criteria for determining the measure and the insurance needs, provided by articles 228, 229 and 230 of this Code. When these conditions do not exist, the court decides the revocation or replacement of the measure. Otherwise, the court decides to continue its implementation. The court files the reasoned decision within 48 hours.
3. The prosecutor and defense counsel participate in the questioning of the arrested person, who are notified by the court secretariat.
4. During the judicial debate, the parties have the right to present evidence, with the exception of evidence with witnesses.
5. When the questioning of the arrested person must be asked in the court of another district, the court requires that the questioning be asked by a judge of that court.
The prosecutor cannot interrogate the arrested person before the court proceeds, according to paragraph 1 of this article.
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