Faithful Lawyer R. Berisha has reacted sharply to the decision of a Pristina Constitutional Prosecutor, who has ordered the ban for 48 hours of a citizen after his cow had entered the court of the Court in Gracanica and caused minimal damage in green.
Through a public reaction, Berisha has raised serious concerns about the legality of this decision, questioning both the case’s criminal qualifications and the necessity of freedom deprivation.
The cow didn’t know where she was going. The prosecutor had to know what he was doing!
According to Berisha, the problem lies not only with the decision to stop, but it begins in doubt of the criminal act of annihilation or damage to property that is required deliberately.
What will be attributed to a man just because his cow has escaped from the herd? What action of his proves that he has been aiming to damage his wealth or that he has knowingly admitted his cause?
He has stressed that criminal responsibility is personal and that ownership of an animal does not automatically make the owner responsible for the damage it could cause.
Evental care does not become deliberate just because it qualifies a prosecutor!
Berisha has explained that the damage caused by the animal could create civil responsibility, but that between the obligation to compensate for the damage and criminal responsibility there is a fundamental difference, which a prosecutor cannot ignore.
However, the lawyer’s greatest concern is with the decision to deprive the cow’s owner of freedom.
According to him, even if there is a suspicion based on a criminal offense, the ban is not an automatic consequence of that suspicion. It must be necessary, proportional and based on concrete circumstances that justify restricting freedom.
What danger did this citizen pose? Who could be influenced, who could escape, and what evidence could be brought to nothing? Why could development of the procedure not be secured without being deprived of freedom?
It has warned of the danger of turning the prosecutorial discretion into arbitrators, stressing that competencies to limit human freedom must be exercised responsibly and within legal limits.
The prosecutorial Dyscrecretion is not authorisation for arbitraries. It is a limited competence from the law, whose exercise requires responsibility, discretion, and unconditional respect for human freedom, he has declared.
Berisha has also been particularly critical of the prosecutor’s professional responsibility that has made the decision.
If I were the chief State Prosecutor, such a decision would immediately be the subject of professional examination. If it were confirmed that the prosecutor has confused civil responsibility with that criminal, carelessness with the will and disrepute with arbitration, by Jove, I would return it to the faculty banks to learn from the beginning basic principles of criminal law!
According to him, the power to limit citizens’ freedom cannot be trusted by someone who does not understand the boundaries of that power.
Berisha has stressed that what makes the case particularly disturbing is not the unusualness of the incident, but the ease with which a prosecutorial decision can turn a common event into a deprivation from freedom.
The reaction has concluded with a strong message of the prosecutor’s responsibility and respect for the law.
The lopa can be forgiven for coming out of the flock and entering the court of the Court. The prosecutor cannot be forgiven if he comes out of the law and abuses human freedom! )
He has stressed that, if the ban is found to be ordered without legitimate grounds, responsibility should not remain a matter of discussion, but should be inevitable.
Lawyer Besnik R. Berisha comes after the November 13th case in Gracanica, where the cow’s owner, Hashim Miftari, has been detained for 48 hours under suspicion of criminal work — Displacency or property damage — according to Article 321 of the Criminal Code.
In his statement to the police, the judge who had announced the incident had clarified that the green damage was minimal and that he had only demanded that the owner attract attention to animal care.
The signal where the truth speaks before the news!
Source Layer: Signal