GJKKO declares him guilty/ The sentence of lawyer Alban Bengasi is increased

2024-11-07 15:35:00, Kronika CNA

The Special Court of Appeal for Corruption and Organized Crime sentenced the lawyer Alban Bengasi to 4 years and 8 months.

Bengasi's sentence was increased by over three years after he was also found guilty of the criminal offense "Structured criminal group".

Official announcement:

The Special Court of Appeal for Corruption and Organized Crime, with a panel composed of judges Florjan Kalaja (chairman), Dhimitër Lara (member), and Engert Pëllumbi (member), on 07.11.2024, announced the decision regarding the case of registered with no. 43 act, date 17.07.2024 registration, on the appeal of the Special Prosecution against Corruption and Organized Crime as well as on the appeal of the appellant/defendant AB, against decision no. 31, dated 09.05.2024 of the Special Court of First Instance for Corruption and Organized Crime, which decided:

1. The guilty declaration of the defendant AB for committing the criminal offense "Domestic violence", carried out in cooperation, provided by article 130/a-1 and 25 of the Criminal Code and based on this provision, his punishment with 2 (two ) years of imprisonment.

2. The not guilty declaration of the defendant AB 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 Penal Code, the defendant AB is reduced to 1/3 of the sentence, being finally sentenced to 1 (one) year and 4 (four) months of imprisonment.

4. The serving of the sentence begins from the day of execution of the decision to set the security measure of arrest in prison, in the absence of this citizen.

5. In application of Article 190 of the Penal Code, the passport seized on the day of his detention is returned to the defendant AB.

6. Procedural expenses in the stage of preliminary investigations in the amount of 14,598 fourteen thousand five hundred and ninety-eight) ALL and those of the court, remain at the charge of the defendant.

7. 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:

1. Amendment of Decision no. 31, dated 09.05.2024 of the First Instance Special Court for Corruption and Organized Crime.

2. The guilty declaration of the defendant ZAB for committing the criminal offense provided for by article 130/a, first paragraph in relation to article 28, fourth paragraph and article 334 point 1 of the Criminal Code, setting the penalty of 7 years imprisonment.

3. The guilty declaration of the defendant ZAB for the commission of the criminal offense provided for by the second paragraph of Article 333/a of the Criminal Code, setting as punishment the measure of 3 years imprisonment.

4. Pursuant to and for the implementation of the third paragraph of Article 55 of the Criminal Code, the unification of the sentences in a single sentence in the amount of 7 years imprisonment.

5. Based on and for the implementation of point 1 of article 406 of the Code of Criminal Procedure, the reduction of the sentence by one third of it, ultimately remaining 4 years and 8 months of imprisonment.

6. The serving of the prison sentence shall be carried out in a high security institution for the execution of criminal decisions.

7. The costs of the criminal proceedings are charged to the defendant ZAB.

8. Against this decision, an appeal can be made to the Supreme Court within 45 days, starting from the day after the notification of the reasoned decision.