The 'Partizani' affair/ Will Berisha appear today at SPAK? What does the law provide if the former prime minister violates the decision of GJKKO

2023-11-06 07:55:11Politikë SHKRUAR NGA REDAKSIA VOX
The 'Partizani' affair/ Will Berisha appear today at SPAK? What does
Sali Berisha

Will Sali Berisha go before the judicial police officer in SPAK today? According to the decision of the Special Court, for the citizen Sali Berisha, he must appear before the authorities twice a month, on the first and third Monday. November 6 is Berisha's first appearance according to this decision.

The dilemma of whether or not the former prime minister will appear this morning came after he himself stated that he does not know the decision of the Special Court, as according to him it is unconstitutional, arguing that, to take such a decision against a deputy , authorization would have to be requested from the Parliament of Albania. But what is provided by the law if former Prime Minister Sali Berisha will not appear before the judicial police this Monday?

According to Article 231 of the Code of Criminal Procedure, in cases where there is a violation of security measures, the court can impose another, more severe measure. "1. In case of violation of the obligations related to a security measure, the court may decide to replace or combine it with another more severe measure, taking into account the importance, motives and circumstances of the violation.

For the violation of the obligations related to a prohibitory measure, the court may decide to replace or combine it with a coercive measure", Article 231 of the Code of Criminal Procedure states.

Concretely, the measures that are considered harsher and that can be given to Sali Berisha are house arrest or forced escort, while prison arrest for the former prime minister is not possible due to his age. But will GJKKO toughen its attitudes towards Sali Berisha, if the latter refuses to appear voluntarily before the justice bodies? Berisha is accused by SPAK of passive corruption in cooperation, in relation to the issue of privatization of the former "Partizani" complex, and his son-in-law Jamarbër Malltezi is behind bars, after the court took the measure of "prison arrest" against him, for this issue .


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