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What does the Criminal Code provide for Erjon Goxhara? It risks up to 25 years, but it can save even 5 years if...

2024-08-23 15:45:39Aktualitet SHKRUAR NGA REDAKSIA VOX
What does the Criminal Code provide for Erjon Goxhara? It risks up to 25 years,
Erjon Goxhara

The injury that occurred on Monday in the Commune of Paris has shocked the entire public opinion. The police officer, Erjon Goxhara, shot with a firearm for weak motives at the director of ERE, Lorenc Kosta. The event became big because of the public function of the perpetrator and the victim.

Erjon Goxhara is suspected of having wounded Lorenc Kosta with a firearm, after his wife had admitted to having an extramarital affair with her colleague at ERE. Found in these conditions, the police officer undertook the serious act, leaving him injured with 6 bullets in the middle of the capital.

After two days on the run, Goxhara surrendered to the Police Directorate. While today, he appeared in front of the court to familiarize himself with the security measure. The prosecution requested "prison arrest", a measure that was also confirmed by the black squads. Goxhara is being investigated for the criminal offense of "premeditated murder remaining in the attempt" as well as possession of a weapon without a permit until the release of the expert report, which proves that the weapon was a service weapon

But how many years in prison does the police officer with the rank of Commissioner risk being punished?
Erjon Goxhara's case is complex, as his mental state must first be examined. According to the Criminal Code, article 78, "Premeditated murder" claimed by the Prosecution is punishable by imprisonment from fifteen to twenty-five years. However, his action remained tentative, not completing the final goal, the murder. This is a somewhat relieving measure for him, since the resulting consequence is not the same as the final goal, writes newsbomb.

However, as we mentioned above, there may be mitigating circumstances if it is proven that Goxhara was in conditions of severe mental shock. Article 48/b provides that when the offense was committed under conditions of severe mental shock caused by provocation of the victim, or unjust actions of the victim or another person, it is considered a mitigating circumstance.

As for the other charge, possession of weapons without a permit, Goxhara risks a fine of up to seven years in prison.

How can the sanction to Goxhara be softened under the minimum sentence?
According to Article 49 of the Criminal Code, the Court can also take into account other mitigating circumstances that are not mentioned in Article 48 for mitigating the punishment of the suspect. And in such cases, it is the black squads who have the right to impose a lower sentence than the minimum sentence that is provided for the criminal offense.

How can the Prosecution's charge against Goxhara be changed?
The defense representatives of Erjon Goxhara requested today from the Court to order the examination of the mental conditions of their client, a request that was accepted by Togat e Zeza. In the case of the conclusions of the expertise, it turns out that the injury occurred in conditions of severe mental shock, Article 88/ai of the Criminal Code provides that "Serious injury committed in a state of momentary severe mental shock, caused by violence or insult seriously on the part of the injured party, shall be punished with imprisonment of up to five years.

In other words, if proven, Goxhara can be sentenced to less than 15 years in prison, as provided for in Article 78 of the Criminal Code, but if the Prosecution's charge is changed to prove that he was in conditions of severe mental shock, the maximum possible The sentence is 5 years.


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