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Built 77% more than the approved permit, Fier Prosecutor's Office sends the builder, chief inspector and expert to court for 'abuse of duty', 'illegal construction' and 'false expertise'
The Prosecutor's Office at the First Instance Court of General Jurisdiction in Fier has completed the investigations and is sending to trial citizen NQ, for committing the criminal offense "Illegal construction" provided for by article 199/a, paragraph 4 of the Criminal Code, citizen Gj.M, for committing the criminal offense "Abuse of office" provided for by article 248 of the Criminal Code and citizen E. S, for committing the criminal offense "False expertise" provided for by article 309, paragraph 1 of the Criminal Code.
In the framework of the investigations into criminal proceedings no. 322 of 2021, it turned out that the construction carried out by the investor/construction entity, in the “Kongresi” neighborhood of the Lushnje Municipality, was carried out in serious violation of the conditions of the construction permit. The prosecution documented that citizen NQ, after being provided with a construction permit by the Lushnje Municipality, during the implementation of the project, carried out works beyond the permit received. In total, the area built in excess of the construction permit resulted in 276.6m², or 77% of the construction.
Also, the investigative actions were focused on the actions and inactions of the local inspection structures at the Municipality of Lushnje, the Inspectorate of Territory Protection at this municipality. On the part of the inspection authority, the IMT, Lushnje Municipality, the responsible persons charged with the exercise of functional duties related to the control of the territory and the ongoing monitoring of the implementation of construction permits, it was found that actions were carried out in violation of the law, which constitute a regular failure to fulfill their duty. The established criminal fact was attributed by the prosecution to citizen M.Gj., with the position of Chief Inspector at the IMT, Lushnje Municipality, at the time of the commission of the offense.
Likewise, citizen ES, in his capacity as an expert in carrying out the expert report, has presented false data related to the actual area of ??the construction carried out. The investigations revealed that the area built by the defendant was several times larger than that reflected by the expert.
In addition, the Prosecutor's Office at the Court of First Instance of General Jurisdiction, Fier, expresses its full commitment and the legal responsibility of all citizens who violate the legal regime of land and construction, as well as state employees or public servants who commit criminal offenses against state activity./CNA
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