The Korça Prosecutor's Office has sent the file for trial for two of the four Municipality officials who were investigated for violations and abuse of office, as they are accused of favoring builders with the infrastructure impact tax in at least 20 cases.
Zhaneta Lubonja , director of the Directorate of Planning and Control of Territorial Development of the Municipality of Korça, and Ermal Gjermeni , head of the sector at the same directorate, are the two officials who are going to court while at large, for the criminal offense provided for by Article 248 of the Criminal Code.
The prosecution launched investigations in 2022 and from these procedures it emerged that for many years, the suspects have worked as engineers at the Urban Planning Office in the Municipality of Korça and have had the duty to check applications made by citizens or businesses for permits to carry out new construction or other construction works, evaluate documentation, approve permits, etc., but by violating their duty they "have applied lower tax rates in 18 cases from 8% to 3% and 2 cases from 4% to 3%".
In one of the documented cases, the file states that the entity built a complex with 4 buildings in neighborhood no. 3 of the city, while the construction permit was approved as a tourist complex and the entity paid only 3% of the tax, while it should have paid 8% of it.
Initially, investigations were launched against 4 officials of the institution, and at the end of the process, only 2 of them were sent for trial, who were also taken as defendants.
Announcement of the Korça Prosecutor's Office regarding the file:
The Prosecutor's Office at the Court of First Instance of General Jurisdiction, Korçë completed the investigations and sent citizens Zh. B. and E.Gj. to court for committing the criminal offense of "Abuse of duty" provided for by Article 248 of the Criminal Code.
From the investigations into criminal proceedings no. 1061, of 2022, it resulted that these citizens, the Director of the Urban Planning Directorate and the Head of the Territorial Control and Development Sector in the Municipality of Korça, who for many years have worked as engineers at the Urban Planning Office in the Municipality of Korça and have had the duty to check applications made by citizens or businesses for permits to carry out new construction or other construction works, evaluate documentation, approve permits, etc., have applied lower rates of tax in 18 cases from 8% to 3% and in 2 cases from 4% to 3%.
In the case under investigation, for the construction of a complex with 4 buildings in neighborhood no. 3 of the city of Korça, the two heads of the Urban Planning Department of the Municipality of Korça approved the construction permit for use as a tourist complex and the subject paid the 3% tax for the impact on infrastructure for new constructions, at a time when the tax for the impact on infrastructure for new constructions for residential purposes, or commercial service units, for the traditional architectural ensemble area in the city of Korça, is set at 8% of the sales price per square meter.
The entity did not comply with the conditions of the construction permit, paid 3% of the infrastructure impact tax, when it should have paid 8%, an evasion of 36,000 Euros in monetary value from the Infrastructure Impact Tax by this entity alone. The evasion of the tax from 8% to 3% was made with the approval of the heads of the Urban Planning Office of the Municipality of Korçë.
From the above it results that with his actions citizens E.Gj. and Zh. L. have consumed the elements of the criminal offense "Abuse of duty", provided for by Article 248 of the Criminal Code and must bear criminal liability.
They favored construction entities in 18 cases, where the 8% tax on construction for sale was unfairly reduced to 3% or 4% and in two cases from 4% to 3%, causing economic damage to the Municipality of Korça.
They also approved certificates for the equipment with a certificate of use, hiding the commercial purpose of the construction even when it was clear that apartments were sold. Likewise, citizen E.Gj. signed reports with false content, did not respect the competences for the control of the construction and caused economic damage to the Municipality of Korçë.