Oct 25, 2023. Posted by Balkan Periscope - Hellas
Sali Berisha chose to do the battle in the Court, which accuses him of
corruption, through his lawyers, refusing to appear in court, but chose to use
as a shield those who support him, the democrats of Reestablishment.
Invited to "Studio Live", lawyer Arbër Hoxha explained the scenarios that can be followed in this case. He underlined that Berisha cannot be forcibly brought to court, but said that prosecutors could request that the measure against him be escalated from mandatory appearance and prohibition to go abroad, to a more severe measure of house arrest or prison arrest .
Article 248 of the criminal procedure code states that no later than three
days from the moment of the execution of any security measure, the court shall
interrogate the person to whom a security measure has been
assigned. Berisha has appointed his two defenders and it is his legitimate
right. But Mr. Berisha should have been there himself, I don't know why
the court made this change. At the moment when the court has determined
the measure against a person and he does not appear in person in the presence
of one or two defenders, of course article 73 of the constitution and article
288 and 289 of the code of personal procedure do not provide for the cases when
the member of the Assembly does not appear in person in this moment cannot be
accompanied by force that in reality then the constitution would be violated,
but of course the prosecutors of the case can ask the heads of the prosecution
that the security measure be escalated from the obligation to appear and the
prohibition to go abroad to a more security measure severe house arrest or
prison arrest. In such a case, the head of the prosecution must turn to
the assembly, the commission of mandates to give the authorization for the
determination of a security measure, house arrest or prison arrest, and then
the court approves the request of the prosecutor. A member of parliament
cannot be escorted by force, but an escalation of the security measure can be
requested", said the lawyer.
While the member of the leadership of the official PD Marsid Gupi said that
Berisha should show respect to the judiciary, as his refusal to appear creates
a dangerous precedent.
"I am of the opinion that these are dangerous precedents that are
being created. I will take an analogous case such as the case of Trump, in
America the court accuses him. He went to court. Berisha should do
the same and show respect to the judiciary and exhaust the claims he has
through the judicial process. His non-appearance since the part of the
symbolism that he conveys creates a dangerous precedent in relation to his own
claims for the measure of security that has been taken against him competing
several provisions that are related since the case of some constitutional norms
that are related with the restriction of the freedoms and movement of
persons."
Journalist Sokol Bregu also underlined that Berisha has a legal obligation
to face the charges in court and present the claims.
Berisha should have been in court today. He should have been in the
court to give some form and breath to the whole judicial reform. If you
had invited me in front of Gjokutaj, I wouldn't have come because he is one of
the people who knows the laws and justice well and can take this issue for
another 10 years. This is not a matter for Djokutaj but for Mr.
Berisha. If Berisha does not go to face the court, who
will? me? This is the one the cops can't get close to, this is the
one this whole country can't get close to. Berisha may have a legal
obligation, but also a moral obligation to the nation and the country to
appear. Berisha is both legal and moral. If he claims that the
process is manipulated, go and denounce him in the courtroom", he added.
Sot
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