The role of the former Minister of Health, Ilir Beqaj in the 100 million euro concession for the sterilization of medical equipment has collided the Special Court with the Special Prosecutor's Office.
A week after setting the security measure " mandatory appearance " and " prohibition of suspension from the state " for Beqaj, who is being investigated for " abuse of duty ", the GJKKO clarified the decision-making and the judge of the case, Erjon Bani, finds that SPAK should have filed charges of new for the former minister.
Bani, in addition to leaving the two security measures against Beqaj unchanged, specifies in the reasoning of the decision that referring to the evidence presented by the prosecution body, there is reasonable doubt that Ilir Beqaj in the capacity of the former Minister of Health and the former head of the contracting authority that concluded the sterilization concession contract, committed the criminal offense of " Forgery of documents ".
" In compliance with the principle of legality and the right definition of the criminal fact brought by the prosecution for evaluation before the judge of the preliminary investigation, there is a reasonable suspicion based on evidence that the person under investigation Ilir Beqaj, in addition to the figure of the criminal offense "Abuse of duty" of carried out in cooperation provided by articles 248 and 25 of the Criminal Code, has also consumed the elements of the criminal offense of "Forgery of seals, stamps and forms" by the person tasked with drafting them, provided for by article 109, third paragraph of Criminal Code. This makes the "importance of the fact" and the "sanction that can be assigned", provided by article 249 of the Penal Code for the person under IB investigation, to be greater than that assessed by the prosecution ", it is stated in the decision of GJKKO .
It is further underlined that Beqaj was also aware that in the form for the publication of the contract notification for the sterilization concession dated December 10, 2015, Beqaj was aware that there were false data in the form regarding the form of the procedure followed.
According to judge Bani, it results from the cross-check of the mobile phones of the persons who were taken earlier under investigation that the former minister was aware of all the procedures and documentation administered by the commission for granting the concession.
Based on these findings, GJKKO considers it reasonable that the security measure for former minister Beqaj would be " prison arrest ".
" The court assesses that for the person under IB, the most suitable measure that manages to ensure the needs of the initiated criminal proceedings, to guarantee the non-repetition of the same criminal offense, its removal, the receipt and authenticity of the evidence as well as to guarantee the execution of the sentence with imprisonment that can be assigned by the trial court in the specific case, due to the special dangerousness of the acts and the author in the specific case, is that of "Prison" provided by article 238 of the Penal Code. There is room to rationally suspect that the person under IB investigation needs to be insured, to assign a measure of personal security, to guarantee the continued presence of the suspect in the criminal proceedings under his charge, as well as to ensure the normality of the investigation and of the trial in the case in his charge, and to ensure that he does not leave, hide but submit to the execution (suffering) of the punishment when the decision of the punishment has taken final form. " (A2 Televizion)
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