House arrest against a lawyer for abuse of official position

The Basic Court in Prishtina - The Department for Serious Crimes has decided regarding the request of the Basic Prosecution in Pristina for the appointment of the measure of detention against the defendant IR due to the criminal offenses "Misuse of official position and authority" from Article 422/1 of the Code Criminal Republic of Kosovo and photography and other recordings authorized by article 205 of the Criminal Code of the Republic of Kosovo.

Through a press release, it is announced that the Court has made a decision and the defendant has been placed under house arrest from 04.02.2019 to 04.03.2019.

There is a well-founded suspicion that the defendant IR during the period 2017-2018 in the capacity of an official person - lawyer, as a defense attorney, has misused his official duty with the aim of obtaining financial benefit.

The court has concluded that the request of the Basic Prosecution in Pristina - Department of Serious Crimes against the defendant IR is not grounded, because in accordance with article 173 par.2 when deciding which of the measures will be applied to ensure the presence of the defendant , the court is obliged to take into account the conditions set for concrete measures, and to ensure that it does not apply the most severe measure when the mildest measure is sufficient.

Therefore, the court considers that the presence of the defendant in the procedure can be ensured even with the measure of house arrest, also the Court has concluded that the criteria from article 183 par.1 subpar.1.2 related to article 187 par.1 subpar.1.2 item 1.2.2 has been met. .XNUMX. of the KPRK, as a special condition for setting the measure of house arrest against the defendant IR since there are reasons to believe and there are special circumstances that he will hinder the flow of the criminal procedure.

The party has the right to appeal against this decision in the Court of Appeals of Kosovo.