"Road" wreaks havoc with fines/ 162 suspended permits, dozens arrested
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The Special Court of Appeal for Corruption and Organized Crime, with a panel composed of judges Dhimitër Lara (chairman), Engert Pëllumbi (member), and Florjan Kalaja (member), on 16.09.2024, announced the decision regarding the case of registered with no. 46 act, date 23.07.2024 registration, on the appeal of the appellant/defendant IK, against decision no. 77, dated 16.11.2023 of the Special Court of First Instance for Corruption and Organized Crime, which decided:
1. The guilty declaration of the defendant EB for committing the criminal offense "Production and sale of narcotics", provided by article 283/1 of the Penal Code and based on this provision, his sentence of 7 (seven) years and 6 ( six) months imprisonment.
2. The not guilty declaration of the defendant EB for committing the criminal offense "Structured criminal group", provided by article 333/a/2 of the Criminal Code.
3. In application of Article 406/1 of the Criminal Code, the defendant EB is reduced to 1/3 of the sentence, being finally sentenced to 5 (five) years of imprisonment.
4. The serving of the sentence begins from the day of execution of the decision to set the security measure, arrest in prison, in its absence or the final court decision.
5. Procedural expenses in the phase of preliminary and judicial investigations remain at the charge of the defendant in the part that belongs to them.
6. An appeal can be made against this decision within 15 (fifteen) days in the Special Court of Appeal for Corruption and Organized Crime, starting from the day after the communication of the reasoned decision.
In conclusion, the Special Court of Appeal for Corruption and Organized Crime decided:
– Amendment of decision no. 34, dated 22.05.2024 of the Special Court of First Instance for Corruption and Organized Crime, as follows:
The guilty plea of ??the defendant EB for committing the criminal offense "Production and sale of narcotics", carried out in special cooperation, in the form of a structured criminal group, provided by articles 28 point 4 and 283 point 1 of the Criminal Code as well as article 334 point 1 of the Penal Code, his sentence of 10 (ten) years of imprisonment.
The guilty plea of ??the defendant EB for committing the criminal offense "Structured criminal group", provided by article 333/"a", point 2 of the Criminal Code and his sentence of 2 (two) years of imprisonment.
- Based on Article 55 point 3 of the Criminal Code, the combination of sentences in a single sentence of 10 (ten) years of imprisonment.
- Based on Article 406 point 1 of the Code of Criminal Procedure, reducing the sentence by 1/3, finally sentencing the defendant EB to 6 (six) years and 8 (eight) months of imprisonment.
- Serving the sentence in a high security prison.
– Procedural costs are charged to the defendant./ CNA
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