The Special Court has suspended the prefect of Fier District from office for “Violation of the equality of participants in public tenders or auctions”, during the period she was the mayor of Patos.
Announcement of GJKKO:
The Special Prosecutor’s Office against Corruption and Organized Crime has conducted investigations within the framework of criminal proceedings No. 82, of 2021, for the criminal offenses of “Violation of the equality of participants in tenders”, committed in collaboration, provided for by article 258 and 25 of the Criminal Code (before the changes according to law no. 43/2021) and “Forgery of documents “, carried out in collaboration, provided by article 186/2 of the Criminal Code.
After conducting investigative actions, at the request of the Special Prosecutor’s Office, the Special Court of First Instance for Corruption and Organized Crime, with decision No. 19, dated 08.03.2024, decided:
The appointment of the preventive measure “Suspension of the exercise of a duty or public service”, provided by article 242 of the Code of Criminal Procedure, for the person under investigation R.B., former Mayor of Patos Municipality, currently Prefect of Fier District, suspect for the commission of the criminal offense “Violation of the equality of participants in public tenders or auctions”, committed in cooperation (2 times), provided for by article 258 and 25 of the Criminal Code (before the changes according to law no. 43/2021).
The appointment of the preventive measure “Suspension of the exercise of a duty or public service”, provided by article 242 of the Code of Criminal Procedure, for the person under investigation Sh.B., in the capacity of a member of the Bid Evaluation Commission, currently with duty General Secretary of the Municipality of Patos, suspected of committing the criminal offense “Violation of the equality of participants in public tenders or auctions”, committed in cooperation (2 times), provided for by article 258 and 25 of the Criminal Code (before the changes according to the law No. 43/2021).
The appointment of the preventive measure “Suspension of the exercise of a duty or public service”, provided by article 242 of the Code of Criminal Procedure, for the person under investigation A.P., in the capacity of the Chairman of the Evaluation of Offers, with the duty of former Deputy Mayor of the Municipality of Pato , currently employed by the Fier Regional Water and Sewerage Company, suspected of committing the criminal offense “Violation of the equality of participants in public tenders or auctions”, committed in cooperation (2 times), provided for by article 258 and 25 of the Criminal Code (para. amendments according to Law No. 43/2021).
The appointment of the coercive security measure “Compulsion to appear before the judicial police”, provided by Article 242 of the Code of Criminal Procedure, for the person under investigation E.R., in the capacity of a member of the Bid Evaluation Commission, suspected of committing the criminal offense “Violation of the equality of participants in public tenders or auctions”, committed in cooperation (2 times), provided for by article 258 and 25 of the Criminal Code (before the changes according to law no. 43/2021).
The appointment of the preventive measure “Suspension of the exercise of a duty or public service”, provided by article 242 of the Code of Criminal Procedure, for the person under investigation B.M., with the task of Special Urbanist, in the Directorate of Urbanism, near the Municipality of Patos, suspected for the commission of the criminal offense “Forgery of documents”, carried out in cooperation, provided by article 186/2 of the Criminal Code.
The appointment of the coercive security measure “Compulsion to appear before the judicial police”, provided by article 234 of the Code of Criminal Procedure, for the person under investigation V.N., former Director of the Directorate of Monitoring and Public Services, at the Municipality of Patos, suspected of committing the criminal offense “Forgery of documents”, carried out in collaboration, provided by article 186/2 of the Criminal Code.
The assignment of the coercive security measure “Compulsion to appear before the judicial police”, provided by article 234 of the Code of Criminal Procedure, for the person under investigation A.M., with the duty of former Engineer at the Municipality of Pato, suspected of committing a criminal offense ” Forgery of documents”, carried out in cooperation, provided by article 186/2 of the Criminal Code
The National Bureau of Investigation, on 09.03.2024, executed the security measures determined by decision no. 19, dated 08.03.2024, of the Special Court of First Instance for Corruption and Organized Crime, against six investigators (for one of the investigated persons was not able to be executed as he is abroad).
The criminal facts investigated in the framework of this criminal proceeding relate to two procurement procedures organized in 2021 by the Municipality of Patos, as the Contracting Authority, and more specifically:
The investigation of the procurement procedure “Emergency construction of the retaining wall with gabions and stones in Dukas-Breg, as a result of the landslide and the return of the road to its previous condition”, with number REF-89301-03-08-2021, with the Authority Contractor-Patos Municipality, with a limited fund of ALL 6,758,853.92 ALL.
It turns out that the former Mayor of Patos, R. B. and members of the KVO A. P. (former Vice Mayor of Patos), Sh. B. and E.R., in cooperation between them, have consumed the elements of the criminal offense “Violation of the equality of participants in public tenders or auctions”, provided by articles 258 (before the amendments by law no. 43/2021), and 25 of the Criminal Code , favoring contrary to the law, and declaring the economic operator “G……. 001”, in the procurement procedure “Emergency construction of the retaining wall with gabions and stones in Dukas-Breg, as a result of the landslide and the return of the road to its previous state”, with number REF-89301-03-08-2021. From the documentation submitted by the bidders, looking at this in relation to the criteria established in the Standard Tender Documents, the economic operator “2…” should have been declared the winner, which, in addition to fulfilling the conditions, also had an offer in the amount of 1.5 million ALL less than the operator “G….. 001”.
The investigated R. B., has undertaken a series of steps through the employees of the Municipality, to legitimize the cancellation of the tendering procedure, precisely so that the operator “2…..” would not be declared the winner, which would reveal the works carried out by the predetermined operator to win the race. The investigation proved that the investigated party has predetermined the winner of this tender, precisely the operator “G……. 001”, which has been declared the winner (since 2019, when this entity was registered for the first time in the CBC until 2022, i.e. for three years) in 32 procedures organized by the Municipality of Patos.
