The Court of Appeal of Tirana has decided to release the singer Enca Haxhiaj, who was caught red-handed cultivating cannabis in several pots in her apartment near the TEG, with the measure of compulsory appearance.
The decision was taken after the prosecution gave up the animation. However, the Judge of Appeal Elona Mihali has decided to consider her arrest by the police as legal, for which the defense side had asked to declare it illegal.
Decision of the Tirana Court of Appeal:
The Court of First Instance of General Jurisdiction Tirana with decision no. Act 2067, dated 14.09.2023, decided:
Validating as legal the "arrest in flagrante delicto" of the person under RH investigation and assigning to her as a security measure the "Compulsion to appear in the Judicial Police", provided by article 234 of the Criminal Code. Criminal.
The case on appeal was considered on the basis of appeals:
From the person under investigation with the initials RH, who requested the change of the decision, the assessment of the arrest as illegal and the dismissal of the request for the determination of the personal security measure.
From the Prosecutor's Office at the Court of First Instance of the General Jurisdiction of Tirana, which requested the annulment of the decision and the appointment of the coercive personal security measure of "arrest in prison".
At the end of the trial, today on 03.10.2023, the Court of Appeal of General Jurisdiction, composed of the panel with Judge Ms. Elona Mihali, decided:
The non-acceptance of the appeal of the Prosecutor's Office against the decision no. 2067 act, date 14.09.2023 of the Court of First Instance of the General Jurisdiction of Tirana due to the waiver of the appeal by the Prosecutor's Office.
The non-acceptance of the appeal of the person under investigation, Ruensa Haxhiaj, against decision No. 2067, dated 14.09.2023 of the Court of First Instance of the General Jurisdiction of Tirana, because the appeal was filed outside the legal deadline.