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Supreme Court decision on beler's permission: It is up to the prosecutor to decide

2023-11-17 16:42:10Aktualitet SHKRUAR NGA REDAKSIA VOX
Supreme Court decision on beler's permission: It is up to the prosecutor to
Fredi Beleri

The Supreme Court's decision on the elected mayor of Himara Frei Beleri is revealed.

In the decision of the High Court, dated November 7, 2023, it is clarified that for special permission in conditions where Fredi Beleri is not competent the Directorate of Prisons but the Prosecution Office, i.e. SPAK.

The above definition that invests directly during the preliminary investigation phase – in granting the "special permission" for the detainee under the personal security measure "Arrest in prison"– the substantial consensus of the Prosecutor, presumes the latter's discretion in the capacity of the head of this phase of criminal proceeding (preliminary investigations) to assess the impact of this action – the grant of permission – in terms of impact/bias/ results of the investigation, of their secrets. In other terms, the access of the director of the detention institution to the assessment of the conditions of application of this permit is almost non-existent.

Under the same conditions the College considers – in accordance with the conclusion that, during the trial of the criminal case it is the court proceeding – materially disposing of acts - competent to be qualified for any request of the defendant, including subsidiary requests, related to the trial of the main and incidental proceedings (which are revocations, replacement and extinguishment of the personal security measure assigned to ensure the main proceeding) – as in the case of the request for special permission – access of the head of the detention institution – to verification (evaluation) of the conditions of application of this permit – in the conditions of existence" it says among other things.


Në përputhje me standarded JTI

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