FLASH
Shkruar nga Pamfleti
Lawyer Kreshnik Spahiu has spoken about SPAK's attack on Sali Berisha, his son-in-law Jamarbër Malltez and partner Fatmir Bektashi.
Spahiu spoke about the statements of Berisha, who opposes the measure of security given by the Prosecutor's Office. The lawyer says that, if Berisha does not appear tomorrow at the Prosecutor's Office to be questioned, legally the institution of justice should toughen the measure, from the obligation to appear, to house arrest.
" We have two moments that have a long legal interpretation, related to the insurance measure, but also to the notification of the measure. The Constitution of the Republic of Albania has stated cases when a deputy is deprived of his freedom. At the moment when he is arrested in prison, when he is arrested at home, when his apartment is checked, or a personal check is made, when his freedom is taken away in any form, then the Prosecutor's Office must request an authorization from the Assembly. In this particular case, the Prosecutor's Office did not request authorization to grant permission to restrict Sali Berisha's freedom. We have an unprecedented case. Until today, there is no political subject who is accused of passive corruption, even if it does not have the measure of prison or house arrest. In the case of Sali Berisha, we have a sui generis case, which has become an exception. So although the criminal offense provides for 4-12 years of imprisonment, the security measure is very easy, just an obligation to appear. Due to his age, they could have taken care of placing him under house arrest. I do not prejudice the work of the prosecution, but I see an easing of the work of the deputies to avoid a type of parliamentary debate that could escalate into a strong crisis, political clash. I wish it wasn't like that. Berisha is not accepting this measure, he refused to cooperate in a normal criminal proceeding, he did not go to be questioned, nor did he agree to meet the judicial police officers who would confirm the decision. In any type of criminal practice, if a subject, whoever it is, would hinder the prosecution for the security measure, the law provides that the prosecution must immediately change the measure for a more severe coercive measure. If the defendant does not accept the issuance of the passport and does not accept the obligation to appear at the prosecutor's office, then the law obliges the prosecutor's office to submit to the special court a request for a measure with him, which in this case is house arrest. If Berisha does not appear at the prosecutor's office, legally the measure should be changed. But I think that Berisha will appear at the prosecutor's office tomorrow ", Mr. Spahiu said on "DritareTv".
Lini një Përgjigje