FLASH
Shkruar nga Pamfleti
According to the sources, it is expected that Nikola will inform the Council of Mandates today and it will most likely meet within this week. If it proceeds as in the case of Ahmetaj, most likely next week Berisha will be without immunity and justice can act without any restrictions on him...
Sali Berisha's disobedience to justice seems to have ended. Even though SPAK left it in "compulsory appearance", Berisha decided to challenge them, not recognizing this measure approved by two levels of the judiciary. But the Special Prosecutor's Office has decided not to allow any similar precedent and has brought into play Article 231 of the Code of Criminal Procedure, which gives it the right to request a heavier security measure if the first measure is not implemented.
For this reason, a request has been sent to the Parliament to remove Sali Berisha's parliamentary immunity and SPAK to have the right to impose arrest measures against him, either "house arrest" or "prison arrest". But what will be the steps that will be followed now?
It is Article 118 of the Rules of the Assembly, which details all the procedures that the Assembly must now follow. According to this article, Lindita Nikolla must immediately set in motion the Council for Regulation, Immunity and Mandates and inform Berisha.
According to point 2, the deputy, for whom authorization is requested, is notified of the request made and the documents that accompany it, as well as the time in which the Council for Regulation, Mandates and Immunity will begin examining the request.
Berisha has the right to present to the Council, in writing or orally, his explanations and remarks about the case, to be represented by legal counsel, to ask questions and to ask for clarifications regarding the request in order to exercise the right of defense.
At the end of the examination, the Council, within 2 weeks, prepares a report for the plenary session, in which it recommends the rejection or approval of the granting of the authorization to set the measure of securing the arrest in prison or at home, or deprivation of liberty in any kind form, or personal or apartment control. The report of the Council is distributed to the deputies.
The regulation determines that the review of the request is set as the first item on the agenda of the next session, after the submission of the report of the Council on Regulation, Mandates and Immunity. Berisha himself has the right to take the floor during the voting that will take place in the plenary session.
In the end, the Assembly decides by open vote on granting or not granting the authorization to determine the measure of securing the arrest in prison or at home, or the deprivation of liberty in any form, or the personal or apartment control of the deputy.
In the event that the Assembly does not take a decision on granting or not granting the authorization within 3 months from the date of submission of the relevant request, then the request is considered rejected by the Assembly.
According to the sources, it is expected that Nikola will inform the Council of Mandates today and it will most likely meet within this week. If it proceeds as in the case of Ahmetaj, most likely next week Berisha will be without immunity and justice can act without any restrictions on him. According to the sources, in order to avoid tensions, the majority is expected to schedule a special session so that there are no other issues on the agenda. / Pamphlet
Lini një Përgjigje