FLASH
Shkruar nga Pamfleti 
The Court of Appeal has returned for retrial the case against the accused Dardan Krivaqa and Arbër Sejdiu, related to the murder of Marigona Osmani.
In August of a year ago, one of the accused, Dardan Krivaqa, was sentenced to life imprisonment, while Arbër Sejdiu was sentenced to 15 years in prison as an accomplice.
The Court of Appeal accepted the appeals of the lawyers and said that there were procedural violations during the trial, returning the case to a retrial, while the accused will continue to remain in custody.
According to the Appeal decision taken on February 22, 2023, the violations of the provisions of the criminal procedure consist in the fact that the provision is unclear, incomprehensible and not in harmony with the legal provisions. Likewise, according to the Appeal, the disposition of the verdict from the first instance was built based mainly on the motive of jealousy for the commission of this crime.
Yes, according to the Appeal, the way of construction of the accusation and then of the retrial by the court of first instance, is hypothetical and ambiguous and makes the verdict confusing. Also, for the accused Sejdiu, the Appeal has found that despite the retrial of this criminal offense, there are no clear and convincing reasons as to what Sejdiu's actions were in terms of the criminal offense.
In the end, the Appeal has instructed the Basic Court in Ferizaj to ensure that during the retrial, the actions of the accused are included in the material norms of criminal offenses, including the acquittal part, specifying clearly and comprehensibly all the facts.
18-year-old Marigona Osmani was killed on August 22, 2021 in the apartment of the main accused, Dardan Krivaqa, in the city of Ferizaj. According to the indictment, on August 21, 2021, at around 10:14 a.m., in his apartment, without the consent of the now deceased Marigona Osmani, Dardan Krivaqa forced her to have sexual intercourse and abused her in various ways.
The day after, on August 22, 2021, Krivaqa and Sejdiu are accused of having deprived Marigona Osmani of her life, in an attempt to hide the criminal offense of rape. On July 14, 2022, the initial hearing was held, where Dardan Krivaqa exercised his right to defend himself in silence, while Arbër Sejdiu pleaded not guilty.
The Prosecutor's Office charges Krivaq with the criminal offense of aggravated murder and rape, while Sejdiu is charged with the criminal offense of aggravated murder and aiding in the commission of rape. According to the indictment, the defendant Dardan Krivaqa on August 21, 2021, at around 10:14, in his apartment on "Ramadan Rexhepi" street, in Ferizaj, without the consent of the now deceased Marigona Osmani, had forced her to have intercourse sexual assault, which, as stated in the indictment, is accompanied by torture.
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