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The Criminal College of the High Court has not accepted the request for recourse of Luan Daci against the decision of the Special Court of Appeal for Corruption and Organized Crime.
The decision states that it can not be accepted, as the recourse is provided as a means of appeal, and consequently its waiver leads to the rejection of the recourse in the High Court.
The Criminal College of the High Court (hereinafter the College) considers that the Special Prosecution against Corruption and Organized Crime is legitimized in the request for waiver of the recourse, after the recourse with which the High Court was invested was submitted by it.
24. The Criminal College of the High Court, in a court session, finds based on the law the request for waiver of the recourse.
25. In these circumstances, the Panel concludes that the recourse can not be accepted, a conclusion that comes in application of letter “ç” of point 1, article 420 of the Criminal Code, where it is determined that: it is accepted when it has been given up ”. Also, in article 407, paragraph 3 of the Criminal Code, recourse is provided as a means of appeal, and consequently its waiver leads to the rejection of the recourse in the High Court.it is stated in the decision.
Daci was found guilty by the decision of the Special Appeal for the criminal offense of forgery of documents. Daci is accused of forging documents during his application for the position of KPA member. The court convicted Daci of hiding his dismissal in 1997 by becoming a member of the Special Appellate Panel.
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