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Ylli Manjani: GJKKO has turned into a prosecutor's office, charges the defendant, exceeding its powers

2026-03-04 13:17:43Pikëpamje SHKRUAR NGA REDAKSIA VOX
Star Manjani

The procedural law that eliminates the impartial court.
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The "sterilization" case where Minister Ilir Beqja is being tried is another proof of how bad and very bad the criminal procedural law is. It is proof of how partial and immature interventions made in the laws harm the whole.

I want to clarify from the beginning to the impatient and the squeamish people poisoned with political anger and anti-human "popular and social justice", that what I am trying to express has nothing to do with Ilir Beqe or his interests. He himself defends those interests with his lawyers.

But what I am saying is related to the nullified procedural guarantees of everyone who has the fundamental right to be tried by an IMPARTIAL court.

The case is this:
The prosecution has filed a charge X and sends the case to court for trial. The preliminary hearing court, which has not yet reviewed any evidence from the file, orders that charge X should not be filed, but Y should be filed.

This is where the ordeal of the case's walkers begins, in an attempt to identify who is the prosecutor and who will be the judge who will judge the accusation raised by the court now?! An absurd confusion of roles and duties that has no way of catching up. A ordeal that it seems that at least formally yesterday the Court of First Instance seems to have resolved. But formally because in essence Ilir Beqaj is no longer accused by the Prosecution, but by the court that is supposed to judge him. To judge him with the accusation he himself raised!!!

That is, the court accuses you, judges you, and most likely sentences you. The others are useless there in the courtroom... Justice, no joke!

Now the questions that arise are:
1. Who has the right to accuse in a criminal trial, the prosecutor or the judge?!

2. If the judge also has it, who is the impartial court that will judge the accusation he himself raised?!
Absurd, isn't it?!
Furthermore, can our criminal trial system be called accusatory, or do we have a slide into criminal inquisition?!

In an accusatory system, the prosecutor brings the charges. The defendant defends himself with the same means that are given to the prosecutor. The court stands above the parties and judges strictly on the charges brought by one side and the claims of the defense by the other.

The court cannot impose a new charge on its own because it is neither a prosecutor nor an inquisition court. At least within the framework of a democratic order, that is how it is.

The principle requires that when a judge finds that a charge brought to trial is not based on facts, he/she dismisses the charge and is not obliged to file a new charge. Nor can he/she file a new charge!

The latter is done by the prosecutor. He also bases the accusation strictly on facts and evidence, not conjectures. Not even formally on behalf of the court, as is required of the prosecution today in the case in question.
How can you build and defend in court an accusation that is not yours?!

In the criminal process, jobs, roles, duties, and powers are divided. Their confusion is called chaos. Chaos produces injustice.

Now, in reality, in the case in question, as in several other cases where the court becomes the prosecutor and accuses itself, who will judge its accusations?! What other prosecutor would we need to defend the accusations raised by the court?!

With what impartiality is the court expected to judge the accusations it raises itself?!
Come on, we're closing our eyes out of anger at Beqaj, but what is the name of this system we have in place?!
If it happened to you tomorrow, what would you do?!

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This is one hole, among many others, that the criminal procedural law has. My attention is all focused on the bad and very bad law that compromises the principles of justice in the democratic order and not on individual judges or prosecutors.

As long as the written law is what it is, they are not at fault.

I insist that criminal justice must be built from scratch. We have not messed up anything for a while.


Në përputhje me standarded JTI

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