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The reasons why SPAK rejected Berisha's request to go to the Assembly are revealed

2024-01-19 12:43:01Politikë SHKRUAR NGA REDAKSIA VOX
The reasons why SPAK rejected Berisha's request to go to the Assembly are
Sali Berisha

SPAK clarified the decision that rejected Sali Berisha's request to be present at the sessions in the Assembly.

Lawyers argued that this is a constitutional right and obligation to fulfill the duty as a legislator.

But, according to SPAK, the 'house arrest' measure is almost equal to that of 'prison arrest', which does not allow practicing the profession.

SPAK says that the security measures are under the jurisdiction of the court and it is the latter that has issued a security measure against the former prime minister in connection with the Partizani case.

According to the Prosecutor's Office, the law does not provide that deputies, to whom such measures may be applied, attend plenary sessions in the Assembly.

"Under these conditions, even the right to exercise the profession, or even the mandate gained from the elections to the Assembly, should be considered as incompatible with the implementation of the security measure "House arrest", provided by Article 237 of the Code of Criminal Procedure, just as it is incompatible with any other citizen who is subject to this measure, the right to go to work. In the case of other coercive measures, such as the obligation to appear before the judicial police, it is established that the right to exercise the profession is in accordance with the type of measure, since the person is not forced to stay in his home.

The type of coercive measure, such as the obligation to appear before the judicial police, it is established that the right to exercise the profession is in accordance with the type of measure, since the person is not forced to stay in his apartment. The type of coercive measure is decided by the court, taking into account the conditions and criteria required for their assignment or compliance with other obligations related to a security measure.

The application of the measure of ensuring house arrest means that the needs for security and the smooth running of the criminal process, the needs for which this measure has been assessed, are greater and more necessary than those proven by the types other personal insurance measures. Under these conditions, the needs that the court has assessed, on the basis of which it has assessed the determination of the security measure 'house arrest', provided for by Article 237 of the Code of Criminal Procedure, must prevail in relation to the tax of the deputy to him which investigations are carried out, to participate in the works of the Assembly", argues the Prosecutor's Office.


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