The Court of Appeal confirmed the verdict of the Higher Court in Podgorica, dated April 15, by which Ilir Đokaj was sentenced to 40 years in prison for the murder of Šejla Bakija.
The verdict was handed down on November 28, the defense attorney's appeal was rejected as unfounded and the verdict against Đokaj became final.
Đokaj was found guilty of the criminal offense of "aggravated murder" in conjunction with the criminal offense of "attempted murder" and the criminal offense of "illegal possession of weapons and explosive materials". He was sentenced to a single sentence of long-term imprisonment for 40 years, in which the time spent in custody from October 4, 2021 was counted.
The appellate court, in the decision-making process on the defense counsel's appeal, assessed that the first-instance court did not commit significant violations of the provisions of the criminal procedure and violations of the Criminal Code referred to in the appeal, nor other violations of the provisions of the criminal procedure that the court takes into account ex officio.
"The Court of Appeal is of the opinion that, based on the presented evidence and its correct evaluation, as well as the correct evaluation of the defense of the accused, it was determined with certainty that the accused deliberately took the life of Šejlo Baki on September 30.09.2021, 15,15 at around XNUMX:XNUMX p.m. in Tuzi. out of base motives, and then deliberately tried to take the life of Šaban Baki, father of the injured party, in the way that on the terrace of their family house from of reckless selfishness and a sense of possessiveness of the injured party, who refused to renew the extramarital relationship with the accused, which had been broken a few months earlier, fired five projectiles in her direction, from which she received serious and life-threatening injuries, as a result of which the injured party died on the same day," the statement reads. .
"According to the assessment of the Appellate Court, the first-instance court correctly established and evaluated all the facts and circumstances that affect the amount of the sentence, as well as correctly assessed as aggravating circumstances the severity of the threat to the protected property, which is reflected in the fact that a young girl aged 19 was deprived of her life , that the criminal acts were committed in the yard of the injured party's family home, the place where every person feels the safest and most secure, that the accused committed the criminal acts in the presence of the closest family members of the injured party, degree of guilt of the accused, which is reflected in the especially demonstrated persistence and recklessness in the execution of the criminal offense and his earlier life, i.e. the fact that he was convicted of the criminal offense of violent behavior, i.e. a criminal offense with elements of violence cannot be a mitigating circumstance, because it cannot be concluded that the remorse was real, and not just verbal, based on any actions taken after the commission of the criminal act," adds the court.
"The imposed long-term prison sentence of 40 years, according to the legal understanding of this court, is proportional to the gravity of the committed criminal act and the degree of guilt of the accused, so the purpose of punishment will be achieved with such a measured sentence, i.e. it will influence the accused, but also others in the future they do not commit criminal acts," the Court of Appeal announced.
The verdict with detailed reasons will be published on the website of that court.
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