The Special Court (GJKKO) has sentenced the former mayor of Patos, Rajmonda Balilaj, her deputy, Anisa Petani, secretary Shkëlqim Beqiraj, and member of the bids committee, Enirjada Rizaj, to prison.
Balilaj was sentenced to 1 year and 6 months in prison, with a 1/3 reduction in sentence, for violating equality in tenders.
According to SPAK, they have favored, contrary to the law, and declared the economic operator "Genti 001" the winner for the construction of a wall.
The investigation revealed that, based on the documentation submitted by the first bidders, another company should have been declared the winner, which, in addition to meeting the conditions, also had a bid worth 1.5 million lek less than the economic operator "Genti 001".
NOTICE OF THE JUDICIAL OFFICE:
The Special Prosecution Office against Corruption and Organized Crime has submitted to the Court the request with the subject matter: "Sending to court the criminal case against the defendants: Rajmonda Balilaj, Anisa Petani, Shkëlqim Beqiraj and Enirjada Rizaj, accused of committing the criminal offense "Violation of equality of tender participants" committed in collaboration, provided for by articles 258-25 of the Criminal Code".
2. The trial of this case was conducted under the rules of summary trial. At the end of the trial, the Special Court of First Instance for Corruption and Organized Crime, with a panel composed of judges Flora Hajredinaj, Erjon Çela and Irena Gjoka, with decision No. 6, dated 15.01.2025, decided:
1. The guilty plea of the defendant Rajmonda Balilaj, for the criminal offense of "Violation of equality of participants in tenders or public auctions", in collaboration, provided for by Article 258 (before the amendments made by Law No. 43/2021, dated 23.3.2021) and 25 of the Criminal Code, and her sentence of 1 (one) year and 6 (six) months of imprisonment.
* The guilty plea of the defendant Rajmonda Balilaj, for the criminal offense of "Violation of equality of participants in tenders or public auctions", in collaboration, provided for by article 258 (before the amendments made by law no. 43/2021, dated 23.3.2021) and 25 of the Criminal Code, and her sentence to 1 (one) year and 6 (six) months of imprisonment.
* In consolidating the sentences, pursuant to Article 55 paragraph 1 of the Criminal Code, the sentencing of the defendant Rajmonda Balilaj to a single sentence of 2 (two) years of imprisonment.
* Based on Article 406, point 1 of the Code of Criminal Procedure, the defendant Rajmonda Balilaj's sentence is reduced by 1/3, due to the application of summary judgment, and is ultimately sentenced to 1 (one) year and 4 (four) months of imprisonment.
* Pursuant to Article 59 of the Criminal Code, the suspension of the execution of the prison sentence for the defendant Rajmonda Balilaj is ordered, and her probation is ordered for a period of 2 (two) years and 8 (eight) months, provided that the defendant does not commit another criminal offense during the probation period and maintains contact with the Probation Service covering her place of residence. The probation period begins the day after the announcement of the decision to suspend the prison sentence. Rruga “Jordan Misja” No.1, 1057 Tirana; tel/fax 0035542231527; www.gjp.gov.al
* Removal of the right of the defendant Rajmonda Balilaj to exercise public functions for a period of 5 (five) years, based on Article 35, paragraph 2, of the Criminal Code.
2. The guilty plea of the defendant Anisa Petani, for the criminal offense of "Violation of equality of participants in tenders or public auctions", in collaboration, provided for by Article 258 (before the amendments made by Law No. 43/2021, dated 23.3.2021) and 25 of the Criminal Code and her sentence of 1 (one) year in prison.
* The guilty plea of the defendant Anisa Petani, for the criminal offense of "Violation of equality of participants in tenders or public auctions", in collaboration, provided for by Article 258 (before the amendments made by Law No. 43/2021, dated 23.3.2021) and 25 of the Criminal Code and her sentence to 1 (one) year in prison.
* In consolidating the sentences, according to Article 55 paragraph 1 of the Criminal Code, the sentence of the defendant Anisa Petani, with a single sentence of 1 (one) year and 6 (six) months of imprisonment.
* Based on Article 406, point 1 of the Code of Criminal Procedure, the defendant Anisa Petani's sentence is reduced by 1/3, due to the application of summary judgment, and is ultimately sentenced to 1 (one) year in prison.
* Pursuant to Article 59 of the Criminal Code, the suspension of the execution of the prison sentence for the defendant Anisa Petani is ordered, and her probation is ordered for a period of 2 (two) years, provided that the defendant does not commit another criminal offense during the probation period and maintains contact with the Probation Service covering her place of residence. The probation period begins the day after the announcement of the decision to suspend the prison sentence.
* The removal of the right of the defendant Anisa Petani to exercise public functions for a period of 5 (five) years, based on Article 35, paragraph 2, of the Criminal Code.
3. The guilty plea of the defendant Enirjada Rizaj, for the criminal offense of "Violation of equality of participants in tenders or public auctions", in collaboration, provided for by Article 258 (before the amendments made by Law No. 43/2021, dated 23.3.2021) and 25 of the Criminal Code and her sentence of 1 (one) year in prison.
* The guilty plea of the defendant Enirjada Rizaj, for the criminal offense of "Violation of equality of participants in tenders or public auctions", in collaboration, provided for by Article 258, (before the amendments made by Law No. 43/2021, dated 23.3.2021) and 25 of the Criminal Code and her sentence to 1 (one) year in prison.
* In the consolidation of sentences, according to Article 55 paragraph 1 of the Criminal Code, the sentence of the defendant Enirjada Rizaj, with a single sentence of 1 (one) year and 6 (six) months of imprisonment.
* Based on Article 406, point 1 of the Code of Criminal Procedure, the defendant Enirjada Rizaj's sentence is reduced by 1/3, due to the application of summary judgment, and is ultimately sentenced to 1 (one) year in prison.
* Pursuant to Article 59 of the Criminal Code, the suspension of the execution of the prison sentence for the defendant Enirjada Rizaj is ordered, and her probation is placed on for a period of 2 (two) years, provided that the defendant does not commit another criminal offense during the probation period and maintains contact with the Probation Service covering her place of residence. The probation period begins the day after the announcement of the decision to suspend the prison sentence.
* Removal of the right of the defendant Enirjada Rizaj to exercise public functions for a period of 5 (five) years, based on Article 35, paragraph 2, of the Criminal Code.
4. The guilty plea of the defendant Shkëlqim Beqiraj, for the criminal offense of "Violation of equality of participants in tenders or public auctions", in collaboration, provided for by Article 258 (before the amendments made by Law No. 43/2021, dated 23.3.2021) and 25 of the Criminal Code, and his sentence of 1 (one) year in prison.
* The guilty plea of the defendant Shkëlqim Beqiraj, for the criminal offense of "Violation of equality of participants in tenders or public auctions", in collaboration, provided for by Article 258 (before the amendments made by Law No. 43/2021, dated 23.3.2021) and 25 of the Criminal Code, and his sentence to 1 (one) year in prison.
* In consolidating the sentences, according to Article 55 paragraph 1 of the Criminal Code, the sentence of the defendant Shkëlqim Beqiraj, with a single sentence of 1 (one) year and 6 (six) months of imprisonment.
* Based on Article 406, point 1 of the Code of Criminal Procedure, the defendant Shkëlqim Beqiraj's sentence is reduced by 1/3, due to the application of summary judgment, and is ultimately sentenced to 1 (one) year in prison.
* Pursuant to Article 59 of the Criminal Code, the suspension of the execution of the prison sentence for the defendant Shkëlqim Beqiraj is ordered, and his probation for a period of 2 (two) years, provided that the defendant does not commit another criminal offense during the probation period and maintains contact with the Probation Service covering his place of residence. The probation period begins the day after the announcement of the decision to suspend the prison sentence.
* Removal of the right of the defendant Shkëlqim Beqiraj to exercise public functions for a period of 5 (five) years, based on Article 35, paragraph 2, of the Criminal Code.
5. Procedural expenses, those incurred during the preliminary investigation phase, shall be borne by the defendants of this trial jointly with the other co-defendants of the same criminal proceedings, and those incurred during the judicial trial, according to the minutes attached to this decision, shall be borne by the defendants of this trial, jointly and severally.