The Special Court of Appeal has declared the former mayor of Kukës, Safet Gjicin, guilty of the criminal offense “Passive corruption of high state officials or local elected officials”, provided for by Article 260 of the Criminal Code, and his punishment with 4 years and 6 months imprisonment. Due to the shortened trial, Gjici will only serve 3 years in prison.
Also, the Appeal of GJKKO declared Alma Kaçin guilty, for committing the criminal offense “Active corruption of high state officials or local elected officials”, provided for by Article 245 of the Criminal Code, and her sentence of 1 year and 6 months of imprisonment. Yes, from the shortened trial, he will serve 1 year in prison.
Announcement of GJKKO:
The Special Court of Appeal for Corruption and Organized Crime, with a panel composed of judges Florjan Kalaja (chairman), Igerta Hysi (member) and Miliana Muça (member), on 24.06.2024, announced the decision regarding the registered case with no. 33 act, date 13.05.2024 registration, on the appeal submitted by the Special Prosecutor’s Office against Corruption and Organized Crime and the appeals submitted by the appellants/defendants S.Gj. and A.K., against decision no. 8, dated 07.02.2024 of the Special Court of First Instance for Corruption and Organized Crime, which decided:
“1. The guilty declaration of the defendant S.Gj. for the commission of the criminal offense “Abuse of duty” provided by article 248 of the Criminal Code and based on this provision his sentence of 3 (three) years of imprisonment.
2. In application of Article 406 of the Penal Code, the sentence was reduced by 1/3, finally convicting the defendant S.Gj. with 2 (two) years of imprisonment.
3. Serving the sentence for the defendant S.Gj. starts from the day of prohibition on 24.06.2023 and referring to law no. 81/2020 “On the rights and treatment of those sentenced to imprisonment and pre-trial detention”, must be carried out in an institution of ordinary security.
4. In application of Article 35 of the Criminal Code, the defendants S.Gj. the right to exercise public functions is removed for a period of 5 (five) years.
5. The guilty plea of the defendant A.K., related to the commission of the criminal offense “Prostitution” provided for by Article 113 par. 2 of the Criminal Code and her sentence based on this provision with 1 (one) year and 6 (six) months imprisonment.
6. In application of Article 406 of the Penal Code, reducing the sentence by 1/3, finally sentencing the defendant A.K. with 1 (one) year imprisonment.
7. Serving the sentence for the defendant A.K. starts from the day of prohibition on 24.06.2023 and referring to law no. 81/2020 “On the rights and treatment of those sentenced to imprisonment and pre-trial detention”, must be carried out in an institution serving the sentence for women.
8. Regarding the material evidence, it is available at the request of the Prosecution.
9. Procedural expenses incurred during the investigation phase and those during the trial shall be jointly and severally charged to the defendants.
10. Against this decision, an appeal can be made to the Special Court of Appeal for Corruption and Organized Crime, within 15 (fifteen) days from the day after learning about the reasoned decision”.
In conclusion, the Special Court of Appeal for Corruption and Organized Crime decided:
1. Amendment of Decision no. 8, dated 07.02.2024 of the Special Court of First Instance for Corruption and Organized Crime as follows:
2. The guilty declaration of the defendant Mr. S.Gj. for the commission of the criminal offense “Passive corruption of high state officials or local elected officials”, provided by article 260 of the Criminal Code, and his sentence of 4 years and 6 months of imprisonment.
3. Based on and for the implementation of Article 406 of the Code of Criminal Procedure, the sentence imposed on Mr. S.Gj. is reduced by 1/3 of it, ultimately remaining 3 years of imprisonment.
4. The guilty declaration of the defendant Mrs. A.K. for the commission of the criminal offense “Active corruption of high state officials or local elected officials”, provided for by Article 245 of the Criminal Code, and its punishment with 1 year and 6 months of imprisonment.
5. Based on and for the implementation of Article 406 of the Code of Criminal Procedure, the sentence assigned to Mrs. A.K. is reduced by 1/3 of it, ultimately remaining 1 year of imprisonment.
6. Enforcing Decision no. 8, dated 07.02.2024 of the Special Court of First Instance for Corruption and Organized Crime for the rest of the dispositions.
7. The court costs of the appeal trial shall be jointly and severally charged to the defendants.
8. Against this decision, recourse can be exercised to the Supreme Court within 45 days, starting from the day after the notification of the reasoned decision.
