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The Supreme Court returns to retrial the case of the person sentenced to 8 months in prison for the rape of the 15-year-old

Supreme Court

The Supreme Court of Kosovo has returned to retrial the criminal case against the accused KP charged with the criminal offense of "rape" for which he was sentenced by the Court of Appeal to 2 years of imprisonment.
The decision of the Supremes appears to have been made on April 16, 2024.

Initially, the District Court in Peja (at that time) had sentenced the accused KP to 2 years of imprisonment for the criminal offense of rape, a sentence which the Court of Appeals had reversed in a retrial.

Further, in the retrial procedure, the Basic Court in Pejë on July 15, 2021 sentenced the accused KP to 8 months and 8 days of imprisonment, and again the Appeal on July 6, 2023 returned the case to a retrial.
After returning to the retrial again from the Appeal, the Basic Court in Peja now sentences the accused KP to 5 years and 6 months of imprisonment for the same criminal offense, but now the Appeal changes this verdict and KP sentences him to 2 years of imprisonment.

Based on this latest judgment of the Appeal, the defense of the accused KP submits a request for review of the criminal procedure to the Basic Court in Peja with the claim that new evidence has been presented in the criminal case against KP. But this Court rejects the defense request of the accused KP for a review of the procedure on the grounds that the review of the criminal procedure can only be requested in cases where we have a final judgment which according to the Foundation in Peja does not exist.

And it turns out that this decision of the Foundation in Peja was also approved by that of the Appeal on the grounds that the decision is fair and legal, therefore the Supreme Court returns the case to the Appeal to correctly assess the request of the defense for review of the procedure.

But the Appeal, even in reinstatement, again rejects the request of the defense for review, but according to the Supremes, such a decision of the Appeal shows that the instructions on how to act in reinstatement by the Appeal have not been applied.

According to the Supremes, in this particular case, a specific situation has been presented, since the basis for the review of the procedure is the second degree, and all this since, according to the complaint, new evidence has been presented, specifically, the signature on the complaint submitted by the injured party was forged, implying that the complaint was submitted by an unauthorized person.

Through the expertise of the SG expert, it appears that the appeal filed against the judgment of the Basic Court in Peja where KP was sentenced to 8 months and 8 days of imprisonment was not filed by the injured party, so the signature on the appeal is not that of the injured party.

Thus, according to the Supremes, in the retrial, the appeal must examine the admissibility of the complaint filed by the injured party against the judgment of the Foundation in Peja, where the accused PK was sentenced to imprisonment, and this in relation to the expertise of the SG graphology expert

In this regard, on October 27, 2021, the president of the Supreme Court of Kosovo, Enver Peci, asked the president of the Basic Court in Pejë, Armend Berisha, to take legal action to address the disciplinary responsibility related to this case.

For this case, the chief prosecutor of the Basic Prosecution of Peja, Agim Kurmehaj, has initiated disciplinary proceedings against the prosecutor Lirije Morina.

However, Kurmehaj, after evaluating the case files, started the initiation of disciplinary proceedings against the juvenile prosecutor, Lirije Morina, regarding the rape of the 15-year-old.

Meanwhile, the Kosovo Judicial Council (KJC) at the 270th meeting held on October 27, 2021, with closed doors, has made a decision to suspend the judge of the Basic Court in Pejë, Florije Zatriqi, who imposed eight months and eight days of imprisonment against KP, for the rape of a minor.
This decision was also confirmed by the Supreme Court, with the decision taken on December 6, 2021, where it turns out that the appeal filed by Judge Zatriqi, against the decision of the KJC on suspension, was rejected.

However, the Kosovo Judicial Council (KJC), on April 28, 2022, issued a decision on the permanent demotion and transfer of Judge Florije Zatriqi, to the General Department-Misdemeanor Division within the Basic Court in Peja.

Otherwise, the Court of Appeal, on March 13, 2014, had returned this case to a retrial, due to the lack of justification for the mitigation of the punishment for the perpetrators of the crime.

Otherwise, according to the indictment filed on March 26, 2012 by the Basic Prosecutor's Office in Peja, the accused KP is charged that on unspecified days in January 2021, in an uninhabited house, together with the minors FH and AI, they committed the rape of minor NN, aged 15.

According to the indictment, after the minor had left the hospital, the defendant P. together with the minor AI, through violence and under the threat of a knife from the minor AI, had sent her to an uninhabited house and then the minor AI had called her the minor FH, who had gone to the house in question and there throughout the night the defendant and the minor had committed the criminal offense of rape against the minor, then the minor in the early hours of the morning had fled the house and presented the case in police.
With this, the accused have committed the criminal offense of "rape", which is punishable by 5 to 20 years of imprisonment.

Regarding this indictment, initially the District Court in Peja on November 6, 2012, sentenced the defendant KP, with a sentence of 1 year, while the minors were sentenced to 1 year of juvenile imprisonment.

Then, this decision was overturned by the Court of Appeal on March 13, 2014 and the case was returned to the Court of Peja.

Further, in the retrial, after the separation of the proceedings against the defendant KP, the judge of the case, Florije Zatriqi, at the request of the defense of the accused, lawyer Idriz Daci, had scheduled the judicial review session on July 17, 2021, in which the accused was present and his defender, but the injured were not present, nor was the representative for the Protection of Victims, Rauf Pozhegu, who did not explain his absence.

In this retrial session, after the reading of the indictment by prosecutor Lirije Morina, the accused pleaded guilty to the charges against him. For this admission of guilt, the judge of the case sentenced the defendant to 8 months and 8 days of imprisonment.

In justifying this sentence, the judge did not find any aggravating circumstances, but only mitigating circumstances.

"The accused has shown correct behavior during the initial examination, moreover, he has admitted his guilt and expressed regret for the criminal offense he committed. Now he has an extramarital relationship and from this relationship he has a 4-month-old girl child, since the crime was committed, almost 10 years have passed, as a mitigating circumstance, the court took into account that at the time of the crime, the accused was an adult of 21 years of age, and also the personal characteristics of the accused that at that time, he was associated with witnesses FH and AI, who were minors and had friends, these circumstances speak for his mental maturity at the time of committing the criminal offense as well as the statement of of the victim given to the police and the prosecutor's office, where he stated that in the case of sexual relations, there were no injuries", says the reasoning of Judge Zatriqi. /Oath of Justice