The Special Appeal overturns the 11-year prison sentence for Erjon Kasmi and the 10-year sentence for Xhulian Xhafa, both convicted of a "call center" fraud scheme, reports A2 CNN.
According to the Appeal, the case will be returned for retrial to the First Instance Court with a different panel of judges.
Kasmi and Xhafa were just 2 of the 13 defendants who were found guilty by the Special Court of First Instance in July of last year.
According to investigations, they are estimated to have benefited from this scheme to the value of 7 million euros.
The Special Court has found Erjon Kasmi guilty of committing the criminal offenses of "Computer Fraud", committed in collaboration with the "Structured Criminal Group", sentencing him to a total of 11 years in prison, of which he would serve 7 years and 4 months, because 1/3 of his sentence was reduced. Xhafa was sentenced to a total of 10 years in prison, but would only serve 6 years and 8 months in prison, for the same reason.
In the first instance, SPAK failed to prove that 24 assets, including bank accounts, apartments and land, were the proceeds of a criminal offense. For this reason, 20 assets of Erjon Kasmi and 4 of Xhuliano Xhafa, seized by decision of the Prosecutor's Office in June and July 2022, and on May 5, 2023, were returned to them despite the sentence. (A2 Televizion)