Indictment for Abusing Official Position and Usurpation
Prizren, 11th of August 2016 – Basic Prosecution in Prizren has filed indictment against S.J., B.H., V.H., all of them officials of different positions in the Municipality of Dragash and, N.S., citizen of this municipality.
As per the indictment, the defendant S.J. in Dragash, from 2009 until 2016, by abusing his official position and authority and by acting in contradiction with the Law on Allocation for Use and Exchange of the Immovable Property of the Municipality, Law no. 04/2-144, has caused damage to the Municipality of Dragash for the purposes of unlawful material benefiting for others, namely by enabling to N.S., appropriation of the immovable property that was socially owned land, in which he has built two-floor business premises, without possessing license issued by the Municipal Assembly and without compensating the latter. Thus, the respective property of Municipality of Dragash was misused and there was caused considerable damage to it equal to the amount of appropriated socially owned real estate. Therefore, he has committed criminal offense ‘Abusing Official Position or Authority’, as stipulated by Article 422, paragraphs 1 and 2, sub-paragraphs 2.1, 2.2 and 2.4, of the Criminal Code of the Republic of Kosova.
The defendant B.H. during 2011, in Dragash, for the purposes of material benefiting for the other has caused damage to the Municipality of Dragash, by abusing his official duty and authority, and deliberately did not exrecise necessary duties stipulated by Law, and has also violated Law on Construction by issuing on behalf of the Municipality of Dragash a Ruling, upon which to N.S. was allowed building of a business premise in the socially owned immovable property. At the same time, in the same year, he has issued a Ruling upon which is proved that N.S., has made an arbitrary usurpation of the socially owned land, registered as sociallly owned property of Municipality of Dragash. Thus, he has committed criminal offense ‘Abusing Official Position or Authority’, as stipulated by Article 422, paragraph 1 and 2, subparagraphs 2.1 and 2.2, of the Criminal Code of the Republic of Kosova.
Defendant V.H. in 2011, in Dragash, until 2016, for the purposes of unlawful benefiting for another person and causing damage to Municiplaity of Dragash has abused his official position and authority, and has deliberately not executed his necessary duties stipulated by Law, by not undertaking actions on termination, prohibition and execution of the construction work in the premises built by N.S., who has possessed provisional construction license, and has allowed permanent building from concrete, in contradiction with the license. Thus, the respective has committed ‘Abusing Official Position or Authority’, as stipulated by Article 422, paragraph 1 and 2, sub-paragraphs 2.1 and 2.2, of the Criminal Code of the Republic of Kosova.
Defendant N.S. from 2009 until 2016, in Dragash, has unlawfully usurped immovable property – socially owned land, with construction land culture, on behalf of Municipality of Dragash, on which he has built two-floor business premises from the strong material of concrete, aiming to use the respective as business premises. Thus, he has committed criminal offense ‘Unlawful occupation of Real Property’, as stipulated by Article 332, paragraph 2, subparagraph 2.1, of the Criminal Code of Kosova.