"I have a pregnant wife and there is no one to help her with the chores."
With this request, a 32-year-old arrested with 1.89 grams of hashish surprised the Shkodër Court of Appeal after the Lezha court left him under arrest in prison. He asked to go home with a series of letters which were taken as a basis by the second degree, as they had been considered ridiculous by the first degree.
The sources told Gazetasi.al that the date of the celebration, pregnancy certificates and testimonies of residents who say good things about the arrested person were put on the table as evidence. But the most important was the insistence of JI who stated that he should go home since there was no one to help his partner with the chores.
As it appears in the file, citizen JI submitted to the court his wife's card, which proved that the couple is expecting a child. Suspect JI had as a justification before the court the cause of helping his wife and assisting with work between them, providing help with food supply and any other work.
Sources near the local court showed Gazetasi.al the booklet describing the arrest of the suspect and the security measures, arrest and imprisonment. In a letter signed by the doctors, it was confirmed the need of the relatives for him to help with the work, a request which was accepted by the Appeal with the "house arrest" order.
"Referring to the examination carried out at Hospital A, the fact is proven that the citizen E. (the wife of the person under investigation JI) was examined with the diagnosis of intra uterine pregnancy, unique, evolutive and therapy was recommended and as a result the security measure "Arrest in prison" will prevent him from taking care of his wife during her pregnancy. According to the medical documentation, it turns out that both parents of the person under investigation are in a bad state of health and the only person who can help them is the person under investigation," writes the lawyer's request.
This was repeated by the suspect who, despite the request, was not deemed fit to be released by the local court, but the same circumstances were assessed by the Appeal.
For the prosecution, the sources told Gazetasi.al that it was in agreement and therefore the Court of Appeal also declared this position in favor of the young man.
"The person under investigation has presented a series of acts to prove his personality and economic and social status, evidence that has not been contested by the proceeding body, and has been evaluated by the Court of Appeal, Shkodër as complete to change the amount of insurance. This assessment is the competence of the Court, at the moment the request is presented to it".
Police sources told Gazetasi.al that the suspect was arrested for drug distribution while he later said he was keeping the hashish for personal use. "In his bar, small bags of hashish were found, hidden under the counter. The drug was placed next to the alcoholic beverages and next to a box of chips that were allegedly used for playing poker," the police stated during the search of the scene that led to his arrest in the act. Citizen J. I in the first instance remembered that he had the opportunity to escape the police and leave, but he stayed and considered this as cooperation.
This circumstance was ignored by the Lezha court. However he played the other card. With the risk of marriage and the investigation on his personality, that is, what was said about him in the area, the young man insisted that he had been married for a while and that this fact should also be turned in favor of his marriage. This request was also not accepted as the court appreciated that a court decision does not affect the marriage relationship. It should be noted that insisting on freedom, JI submitted a certificate from the village mayor in the next movement. He also tells how the young man had a good and well-known family in the area. The proof says:
"J. He comes from a family with high moral and social traditions and this family has not had and has not brought any problems to the community where he lives. But also as an individual he is known for good social behavior. Personally, there have never been any problems with the local bodies under the jurisdiction of the Mirdita district. He is characterized as a person with a positive temperament of a calm nature and enjoys respect from the residents of this area." Even with this certificate, the young man could not change the measure of his imprisonment. The only thing that saved him was the confirmation of his wife.
Moving all the stones, the lawyers interpret whether or not the crime for which he was handcuffed is dangerous.
"The person under investigation presents little social danger, which justifies taking a milder measure than that of prison arrest," the lawyers are said to have said before the court.
Security needs are dictated by the risk of escape of the person under investigation against whom the security measure is assigned, the risk of impact on the receipt or authenticity of evidence during the investigation phase, or the risk of the continuation of criminal activity. In the specific case for the JI suspect, there was no evidence or indication to prove the risk of leaving. He turns out to be a citizen with a good personality, a resident of Lezha, with a secondary education, and he does not belong to the risk of interference in the justice process by the person under investigation, it is not proven as such"./ Gazeta Si