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The Court of Appeals in Tirana has upheld the decision of the Court of First Instance in Kurbin for the citizen E.Gj. who was sentenced to 9 years in prison after being accused of having violent sexual intercourse with a minor, whom he constantly threatened to continue the relationship with, as well as threatened him not to attend school anymore.
The denunciation against the citizen E.Gj was made in 2019 by the juvenile herself, with the initials AM The court found the abuser guilty and sentenced him to 6 years in prison, after reducing by 1/3 the sentence according to article 406/1 of K.Pr. Penal.
The trial panel consisted of Judge Rapporteur Elona Toro, and members Adlira Petri and Genti Shala.
Full notice:
On 11.06.2019, at the Kurbin Police Station, the juvenile victim of the criminal offense with the initials AM, together with her parents, appeared and filed a criminal report against the citizen with the initials E.Gj, accused of sexual intercourse with violence. threats to continue contact with him, as well as threats not to attend school, these actions, committed by him repeatedly, causing the victim of the crime a constant and serious state of anxiety and fear for personal safety .
In the Kurbin Judicial District Court, the trial was held regarding the criminal case with the defendant E.GJ, accused of committing the criminal offenses of “Sexual or homosexual violence with violence with minors aged 14-18 years” and “Persecution”. ”, Provided by articles 101/1 and 121 / a / 2 of the Criminal Code.
Kurbin Judicial District Court, with decision no. 1330-188 dated 04.12.2020 has decided:
– The guilty declaration of the defendant E.Gj for committing the criminal offense “Sexual or homosexual intercourse with violence with minors aged 14-18 years”, provided by Article 101/1 of the Criminal Code and his sentence of 8 (eight) years in prison.
– The guilty declaration of the defendant E. Gj, for committing the criminal offense “Persecution” provided by Article 121 / a prg.2 of the Code and his sentence of 3 (three) years of imprisonment.
-Based on Article 55 of the Criminal Code “Sentencing for some criminal offenses” sentence of 9 (nine) years imprisonment.
-In application of article 406/1 of the Criminal Code, the reduction of 1/3 of the sentence and finally the defendant E.Gj is sentenced to 6 (six) years of imprisonment.
-The case on appeal was examined on the basis of an appeal made by the defendant with the initials E.GJ, who requested a change of decision and a declaration of innocence for the criminal offenses of “Sexual or homosexual intercourse with violence with minors aged 14 -18 years ”and“ Persecution ”, provided by articles 101/1 and 121 / a / 2 of the Criminal Code.
At the end of the trial, the Tirana Court of Appeals, composed of the trial panel with Judge Rapporteurs Mrs. Elona Toro and members Mrs. Edlira Petri and Mr. Genti Shala, with decision no. 88 dated 08.02.2022 decided:
Leaving in force the decision no. 1330-188 dated 04.12.2020, of the Kurbin Judicial District Court.
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