Tirana Prosecution sought the imposition of the precautionary measure “Remand in custody” Monday for former officials Y.M., K.B., A.L., for the commission of the criminal offense “Abuse of Office,” and citizen K.A. regarding the criminal offense “Falsification of documents,” as stipulated in Article 186/2 of the Criminal Code and the offense ” Laundering the Proceeds of Criminal Offence or Criminal Activity ” as stipulated in Article 287 of the Criminal Code.
Likewise, this prosecution office sought the confiscation of a plot of land spanning 7,500m2 suspected of being illicitly acquired, which was sold later for 10,000,000 Lek to the company “Alko Impex Construction” shpk.
The investigation revealed that the topographic survey plan concerning the 7,500 m2 property favored citizen K.A. signed by the Village Head of Bërxullë citizen A.L. and the Mayor of the Municipality Y.M. at a time when the lands in the Bërxullë hillside belonged to Vora Municipality and in 1998 were transferred to the administration of the former Bërxullë Municipality.
The person under investigation, citizen Y.M., from 2004 – August 2015, held the position of Mayor of Bërxullë Municipality, Tirana. With letter no. 1021 prot, dated 13.07.2005, he sent for verification to the Tirana County Council the citizens A.A., P.A., and Sh.A documentation. In his capacity as Mayor of Bërxullë Municipality together with the village head citizen A.L., they signed the plan for the topographic survey of these citizens’ properties.
However via letter no. 576 Prot, dated 12.05.2015, titled “Submission of documentation for registration” formulated by the specialist of LDMO, citizen K.B., and confirmed (signed) by the Mayor citizen Y.M. concerning the same property in the name of citizen K.A. (differently from what he had done a year earlier regarding the same property).
The person under inquiry, citizen K.B, in charge of the Land Defense and Management Office at Municipality of Bërxullë, Tirana from July 2011 to September 2015, has drafted the accompanying documents for registration and sent the original Land Ownership Certificate without a number in the name of citizen K.A. regarding the property under number 1032, cadastral zone number 1167, spanning an area of ??7,500 m2, without previously conducting verification in the documentation available at his office. Meanwhile, citizen K.A. could not obtain a Land Ownership Certificate without a number dated January 14, 1996 (which was falsified according to the expertise act) as he had been issued a Land Ownership Certificate numbered 30, dated January 6, 1996, regarding property number 133/12, a plot of land spanning an area of ??5,100 m2 (what was the rate per capita)
The individual under investigation, citizen K.A., stands accused of unlawfully acquiring assets through the use of falsified documents, in collaboration with employees of the Bërxullë Municipality and the Village Head. Furthermore, they have allegedly received monetary gains amounting to 10,000,000 Albanian lek, engaging in the criminal act of ” Laundering the Proceeds of Criminal Offence or Criminal Activity ” as stripulated in Article 287 of the Criminal Code, altering the nature of the assets to obscure their illicit origin, with full awareness that these assets were obtained through the criminal act of document forgery.”
Regarding the case at hand, citizens K.B., A.L., and Y.M., while serving in Bërxullë Municipality, allegedly collaborated in abusing their positions, potentially committing the offense of “Abuse of office” according to Article 248 of the Criminal Code, as there are suspicions, supported by evidence, that these employees, through their actions and inactions, have acted contrary to their functional duties, thereby jeopardizing the legitimate interests of the state and other legitimate claimants. This has resulted in significant economic damage due to the unlawful diversion of the claimed and enjoyed assets over the years.
Considering the societal danger posed by the criminal offense, the potential spread of the criminal act, the severity of the sanctions, and aiming for a comprehensive investigation, particularly in circumstances where there are factors jeopardizing the acquisition or authenticity of evidence (as defined in Article 228 of the Criminal Code), it is deemed necessary to impose the preventive measure of “Remand in custody ” on individuals K.A., K.B., A.L., and Y.M., as provided for in Article 238 of the Criminal Procedure Code./abcnews.al
