Global Courant
The Special Prosecutor’s Office Against Corruption and Organized Crime has conducted investigations within the framework of criminal proceedings no. 197 of 2020, for the criminal offenses of “Abuse of duty” and “Forgery of seals, stamps or forms”, the latter committed in the form of forgery of forms approved by the persons tasked with drafting them, carried out in cooperation provided by articles 248 and 25 and 190/3 and 25 of the Criminal Code.
After carrying out numerous investigative actions, at the request of the Special Prosecutor’s Office, the Special Court of First Instance for Corruption and Organized Crime with decision No. 57 dated June 6, 2023 has decided:
1. The appointment of the security measure “Arrest in prison”, provided by article 238 of the Code of Criminal Procedure, for the person under VD investigation, as a person suspected of committing criminal offenses of “Abuse of duty” carried out in collaboration, provided from articles 248 and 25 of the Criminal Code 2 (twice) times.
2. The appointment of the security measure “Arrest in prison”, provided by article 238 of the Code of Criminal Procedure, for the person under investigation AQ, as a person suspected of committing the criminal offenses of “Abuse of duty” carried out in cooperation provided by articles 248 and 25 of the Criminal Code 2 (twice) and “Forgery of seals, stamps and forms”, carried out in the form of forgery of forms approved by the person tasked with drafting them in cooperation, provided by article 190/3 and 25 of the Criminal Code.
3. The appointment of the security measure “Arrest in prison” provided by article 238 of the Code of Criminal Procedure, for the person under investigation EL as a person suspected of committing the criminal offense of “Forgery of seals, stamps and forms” committed in the form of falsification of forms approved by the person tasked with drafting them in cooperation, provided for by article 190/3 and 25 of the Penal Code.
4. The determination of the security measure “Arrest in prison” provided by article 238 of the Code of Criminal Procedure, for the person under FE investigation as a person suspected of committing the criminal offense of “Forgery of seals, stamps and forms” committed in the form of falsification of forms approved by the person tasked with drafting them in cooperation, provided for by article 190/3 and 25 of the Penal Code.
5. The appointment of the security measure “Arrest in prison”, provided by article 238 of the Code of Criminal Procedure, for the person under investigation AB as a person suspected of committing the criminal offense of “Forgery of seals, stamps and forms” carried out in the form of falsification of forms approved by the person tasked with drafting them in cooperation, provided for by article 190/3 and 25 of the Penal Code.
6. The appointment of the security measure “Arrest in prison” provided by article 238 of the Code of Criminal Procedure, for the person under investigation FF as a person suspected of committing the criminal offense of “Forgery of seals, stamps and forms” committed in the form of falsification of forms approved by the person tasked with drafting them in cooperation, provided for by article 190/3 and 25 of the Penal Code.
7. The assignment of the security measure “Arrest in prison” provided by article 238 of the Code of Criminal Procedure, for the person under investigation AT as a person suspected of committing the criminal offense of “Abuse of duty”, committed in cooperation, provided by article 248 and 25 of the Penal Code.
8. The appointment of the security measure “House arrest”, provided by Article 237 of the Code of Criminal Procedure, for the person under investigation by the Ministry of Justice as a person suspected of committing the criminal offense of “Forgery of seals, stamps and forms” carried out in the form of falsification of forms approved by the person tasked with drafting them in cooperation, provided for by article 190/3 and 25 of the Penal Code.
9. The appointment of the security measure “House arrest”, provided by article 237 of the Code of Criminal Procedure, for the person under investigation FH as a person suspected of committing the criminal offense of “Abuse of duty”, provided for by article 248 of K.Penal.
10. The appointment of the security measure “House arrest”, provided by article 237 of the Code of Criminal Procedure, for the person under investigation by the DD as a person suspected of committing the criminal offense of “Abuse of duty”, provided by article 248 of K.Penal.
The Judicial Police in the General Directorate of the State Police executed on 06.06.2023 and 07.06.2023 the security measures assigned to the citizens of VD, FF, AB, AT, MS and FH. Meanwhile, the procedure for the execution of the security measures of assigned to four other citizens.
The object of the investigation, within the framework of this proceeding, were two criminal facts, and more specifically the procedure of granting the permission to build a multi-storey building and the completion of its documentation up to the registration of the property, as well as the procurement procedure Consulting service for the provision of project “Implementation design for the Coastal Promenade and the public beach from Bërryli to Currila” with a limited fund of ALL 21,000,000 including VAT.
I. Regarding the first investigated fact
In relation to the fact of the procedure of granting the construction permit for a multi-story building built by the company “XXX sh.pk”, it turned out that this company submitted a request for a construction permit in May 2010, for a 7-story building.
On September 10, 2010 by K.RR.T. near the Durrës Municipality, has approved the decisions for the approval of the destination of the square and the construction permit.
After the subject has started the works, on December 20, 2010, it submitted a request for reconditioning and addition of four floors of the building, and with the decision of K.RR.T. At the Durrës Municipality on September 28, 2011, his request for additional floors was approved, but the building permit form was not signed by the former Mayor of Durrës and the Former Chairman of the K.RR.T (procedure otherwise known and such as disclosing the construction permit), making the administrative act not take legal effect.
The investigation has proven that, despite this, the builder has completed the construction of the 10-story building plus attic, and in August 2012-March 2013, all the ordered apartments were occupied.
During the construction of the fifth and subsequent floors, INUV near the Durrës Municipality informed the Durrës Mayor that the building was not being built according to the project of the first permit, but according to the project approved with the second permit, which had not yet entered in force/was not clarified.
A year and a half after the building was completed and occupied, on October 14, 2014, the construction permit was issued by the Mayor of Durrës and the Director of the Directorate of Control and Planning of the Territory Near the Durrës Municipality, and by the builder and the employee others of this Municipality, all supplementary acts were signed, which in fact should have been signed before the start of construction and during the implementation of the works, causing that the truth was not reflected in all these acts.
Despite the fact that the building was not built according to the project approved with the second permit, as there were deficiencies in the implementation of the works, the approval act was drawn up by the inspector, in which it was assumed that the building was built according to the project, when in fact it was not something like that.
Subsequently, the Territorial Planning Directorate approved the certificate of use, and forwarded it to the State Cadastre Agency, through which the registration of the property was ensured.
In November 2019, the building was damaged by the earthquake and declared uninhabitable.
So it turns out that all the acts compiled by the administration of the Durrës Municipality, during 2014, have legalized an object built before the issuance of the construction permit, and not according to the approved project.
From the above, the former Mayor of Durrës VD, the Director of the Directorate of Control and Planning of the Territory AQ Arkitekti EL, the designer MP topographers FE and AB during the compilation of the above-mentioned acts not only misused their duty, but did not reflect in the documentation technical-legal object the truth about the time when the works were done and the construction was carried out, causing these acts to be falsified in content.
II. Regarding the second investigated fact
It turned out that in 2014, the Municipality of Durrës carried out a procurement procedure, for consulting services, providing a project called “Implementation design for the Coastal Promenade and the public beach from Bërryli to Currila”.
In view of this, the Mayor of Durrës VD has set up a working group consisting of AQ, ATDD and BS citizens, whose members had the task of defining the terms of reference and the limit fund, based on VKM No. 444 dated 05 September 1994.
In fact, due to some errors in the calculation, the study fee and the value of the limit fund was calculated ten times higher than it should have been, according to the criteria of the Decision of the Council of Ministers.
The procurement procedure was announced with a limit fund of 21,000,000 ALL, determined in the procurement order signed by the person under investigation VD and at the end of the procedure, the Company “XXX sh.pk” was declared the winner.
The procedure continued with the conclusion of the contract, Article 5 of which provides that 60% of the value would be repaid at the time of signing the contract and 40% in the next budget year.
In the month of May 2015, according to a hearing of the High State Control, an irregularity in the calculation of the limit fund was found, leaving the Durra Municipality administration to recover the economic damage.
On the part of the Durrës Municipality Administration, not only have the relevant measures not been taken to recover the economic damage, but in December 2015, there are data that the payment of 40% of the remaining value from the contract was made, causing the Budget of Durra Municipality an economic damage of 18,000,000 (eighteen million) Lek.
In relation to this fact, it results that in cooperation between them, the persons under investigation VDAQ, DD, AT have jointly consumed the elements of the criminal offense of “Abuse of duty” provided by article 248 and 25 of the Penal Code.
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