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At this stage in the process, we cannot change the legal definition of criminal offences

Broadcast United News Desk
At this stage in the process, we cannot change the legal definition of criminal offences

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The Korca Court has been criticised for its verdict against the murderer of 42-year-old Egli Proga, who was raped to death in Pogradec a few days ago.

Court of Corse

The author, Dennis Meche, was charged with “manslaughter”, while Meche’s accomplice, charged with the criminal offence of “failure to report a crime”, was released by the court with security measures and the obligation to appear in court.

In its reply, the court pointed out that at the current stage of criminal proceedings, when examining a request for the designation of physical security measures, the trial judge cannot change the legal definition of the crime committed by the person being prosecuted, nor impose more stringent security measures than required.

Court Notice:

The Court of First Instance of the General Jurisdiction of Korça, proceeding from the importance of the event and triggered by publications in written and visual media, as well as news about the event posted on social networks and various portals, announced the following location where the Pogradec citizen Eglantin Proga lost his life: August 12, 2024 at 3:30 p.m.

The Prosecutor’s Office of the Court of First Instance of the General Jurisdiction of Korça submitted a petition to the Court requesting confirmation of the arrest of citizen D. M and the designation of the personal safety measure of “prison arrest” for citizen D. M, as a suspect of the criminal offense of “manslaughter” under Article 85 of the Criminal Code, as well as the validity of the arrest on the spot and the measure of “compulsory appearance before the judicial police” for personal safety. Citizens V. Sh, A. M and LG were listed as suspects of the criminal offense of “criminal failure” under Article 300 of the Criminal Code.

After evaluating the prosecution’s request and the content of the investigative operations conducted up to this stage of the investigation, the court found that its legal basis and evidence were valid and decided to accept the request.

The Court of First Instance of the General Jurisdiction of Korça stressed that at the current stage of criminal proceedings, when considering a request for the designation of personal security measures, the preliminary investigation judge cannot change the legal definition of the criminal offence being tried. The person under investigation may not be taken away, nor may he be subject to security measures heavier than required.

Completely and correctly determining the facts of the case and the criminal responsibility of all persons involved is a continuation of the investigation.

At the end of the investigation, the trial judge assesses the completeness of the investigation and the legal definition of the criminal offence. Therefore, drawing conclusions at the initial stage of the investigation is not conducive to the continuation of the investigation and to public opinion’s confidence in the work of the judicial system’s institutions.

On the other hand, the Court of First Instance of the General Jurisdiction of Korça notes with concern several articles published in the media, the purpose of which is or attempts to discredit the image of the judges in this case, once again emphasizing the utmost correctness and accuracy in the application of the law in each case.

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