The Tirana court announced the final decision against Tire Alldervish, the sanitarian of the Covid hospital "Shefqet Ndroqi" and the three nurses accused of "fraud".
Alldervishi was finally sentenced to 4 (four) years of imprisonment, which began on January 12, 2021, when she was arrested. However, the Court orders the suspension of the execution of the prison sentence, for the remaining unserved part of this criminal sentence (specifically of 11 months), and the placing of the defendant on probation for a period of 22 months, provided that during the probationary period , the defendant not to commit any other criminal offense.
"1. The change in the legal description of the criminal offense against the defendant TA, and her guilty declaration for the criminal offense "Fraud", provided for by article 143/1 of the Criminal Code, and based on this provision her punishment with 4 (four ) years of imprisonment.
2. The execution of this sentence begins on the day of her detention, carried out on 12.01.2021, on account of this criminal proceeding.
3. In application of Article 59 of the Criminal Code, the Court orders the suspension of the execution of the prison sentence, for the remaining unserved part of this criminal sentence (specifically of 11 months), and the placing of the defendant on probation for a period of 22 months, provided that during the probation period, the defendant does not commit any other criminal offense.
4. In application of Article 60/9 of the Penal Code, the defendant is ordered not to associate with convicted persons.
5. Pursuant to Article 61 of the Criminal Code, the defendant is obliged to maintain constant and systematic contact with the Probation Service Office, applying the conditions and obligations set by the Court.
6. Pursuant to Article 61 of the Criminal Code, the defendant is obliged to obtain the consent of the probation service office for the change of residence, for movements abroad, as well as frequent ones within the country.
7. The trial period starts from tomorrow for this decision to become final.
8. A copy of this decision is officially communicated immediately to the Prosecutor's Office at the Court of First Instance of the General Jurisdiction in Tirana, as well as to the Probation Service Office, Tirana.
9. The not guilty declaration for the defendant MB, for the criminal offense of "Fraud" provided by articles 143/2/3 - 25 of the Penal Code and "Abuse of duty", provided by article 248 and 25 of the Penal Code.
10. The not guilty declaration for the defendant Sh. K., for the criminal offense of "Fraud" provided by articles 143/2/3 - 25 of the Criminal Code and "Abuse of duty", provided by article 248 and 25 of the Criminal Code.
11. The not guilty declaration for the defendant S. Ç., for the criminal offense of "Fraud" provided by articles 143/2/3 - 25 of the Criminal Code and "Abuse of duty", provided by article 248 and 25 of the Criminal Code .Penalty.
12. The not guilty declaration for the defendant EJ, for the criminal offense of "Fraud" provided by articles 143/2/3 - 25 of the Criminal Code and "Abuse of duty", provided by article 248 and 25 of the Criminal Code.
13. The not guilty declaration for the defendant Gj. H., for the criminal offense of "Fraud" provided by articles 143/2/3 - 25 of the Penal Code and "Abuse of duty", provided by article 248 and 25 of the Penal Code.
14. The not guilty declaration for the defendant RH, for the criminal offense of "Fraud" provided by articles 143/2/3 - 25 of the Penal Code and "Abuse of duty", provided by article 248 and 25 of the Penal Code.
15. Procedural expenses during the investigation phase and those of the court are partly borne by the defendant TA, and partly borne by the prosecution body.
16. An appeal against this decision is allowed in the Court of Appeal of the General Jurisdiction of Tirana, within 15 (fifteen) days, starting from the day after the communication of this reasoned decision.
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