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The murder of Marigona Osmani, the appeal decides to retry the case once again in Ferizaj

2024-02-23 16:43:23Kosova&Bota SHKRUAR NGA REDAKSIA VOX
Marigona Osmani / Dardan Krivaqa and Arbër Sejdiu

The Court of Appeal has sent back the case of the murder of Marigona Osmani, where the accused are Dardan Krivaqa and Arbër Sejdiu.

The Department for Serious Crimes has approved the appeal of the Basic Prosecutor's Office in Ferizaj, the appeals of the defendants' defenders Dardan Krivaqa, av. Admir Salihu and Arbër Sejdiu, av. Arbnora Shefkiu, av. Avni Ibrahimi also ex officio, canceled the judgment of the Court Basic in Ferizaj -, as the criminal case has been returned to the court of first instance, for retrial, the media in Kosovo report.

"In point II of the provision of the ruling, this court has considered the appeal claims of the prosecution and those of the defenders for other grounds of appeal, as well as of the representative of the injured party, as not relevant for now, while in point III of the provision of ruling, found that the accused, DK and AS, remain in custody, until another decision by the court of first instance."

With the judgment of the Basic Court in Ferizaj dated 04.08.2023, the accused Dardan Krivaqa was found guilty of the criminal offense of aggravated murder under Article 173 paragraph 1 under paragraph 1.4 of the Criminal Code, while the accused Arbër Sejdiu was found guilty of for the criminal offense of aiding in the commission of the criminal offense of aggravated murder from Article 173 paragraph 1 under paragraph 1.4 in relation to Article 33 of the KPRK, so that the accused DK was sentenced to life imprisonment, in which sentence the time of spent in custody from 24.08.2021 onwards, while the accused AS was sentenced to imprisonment for a duration of fifteen 15 years, in which sentence the time spent in detention from 22.08.2021 onwards was calculated, but no longer than the sentence imposed by judgment.

Whereas in point II of the provision of the judgment, the accused DK, due to the criminal offense of rape under Article 227 paragraph 4 under paragraph 4.1 related to paragraph 1 of the KPRK and the accused AS, due to the criminal offense of aiding in the commission of rape under Article 227 paragraph 4 under paragraph 4.1 related to paragraph 1 and article 33 of the KPRK, acquitted them of the accusation since not a single piece of evidence proved that the accused committed these criminal acts. The court of first instance instructed the victims VO and MO to file a civil dispute for the realization of the legal property claim.


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