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Manjani: SPAK is judging the same offense for the second time, a phenomenon unheard of in justice

2023-04-14 09:38:25Aktualitet SHKRUAR NGA ENDRIT HABILAJ
Manjani: SPAK is judging the same offense for the second time, a phenomenon
Ylli Manjani

Former Minister of Justice Ylli Manjani has commented on the statements of Stela Gugallja's lawyer that the case against his client has been tried once.

As an expert on laws and the Constitution, at the same time impartial in this story, Manjani clearly and precisely explains why SPAK is committing a constitutional violation .

Manjani remembers that judging something that has already been judged is NOT ALLOWED for 2000 years.

The former minister warns that this constitutes a danger for all citizens who tomorrow may find themselves in the same situation as Gugallja, to be tried twice for the same case only to be misled by SPAK in the name of "popular justice". 

The opinion of Ylli Manjani 

The thing judged is Public Interest.

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What the lawyer of Stela Gugalles says publicly is a serious event for justice, constitutionality and legal security in this country.

In short, the lawyer Klodian Skenderi says that the case brought by SPAK against Stela Gullalles and her company, in substance and in detail, was previously tried by the court of Elbasan. The latter's decision is final.

I have read both acts and unfortunately it is true.

Starting a case and even worse filing an official charge against the same person with the same facts, for the same event and on the same claims IS PROHIBITED.

The Constitution of the Republic prohibits it; European Convention of Human Rights; criminal legislation in Albania. 

In the last 2000 years, it has been forbidden to judge the same person for the same fact a second time.

A second trial is allowed only if there is a new fact which leads to a new charge or acquittal.

Judging something that has already been judged is NOT ALLOWED!

If this was allowed, the world would have gone haywire.

Therefore, I consider the repeated accusation against Stela Gugalles to be a serious event, after it has been tried before.

The statements of her lawyer deserve public attention and not ignorance.

SPAK is making this a standard behavior unfortunately. There are also other issues there that have been tried before by the Constitutional institutions in the country...

Careful!

This behavior constitutes public danger!

I understand the public desire to shock Stela Gugallen (this is part of popular justice), but tomorrow you will be the next Stela.

So be careful!

***

Since some are concerned about the place where opinions should be said, I am saying them here on the electronic wall.

But, I'll tell you where it's up to me next.

It is important to understand the danger that threatens the public from the departure of justice from the Constitutional and legal bed.

Finally, let whoever wants to disagree with me, criticize and even debate on this frightening finding. But before doing this please read first:

1. The European Convention on Human Rights, specifically protocol 4.

2. The Constitution of Albania.

3. Criminal Procedure Code.

4. The decision of the Elbasan court and compare it with today's accusation of SPAK.

Then we argue as much as you want.




Në përputhje me standarded JTI

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