Mass eavesdropping cannot be revived even if it is proven that Baghetti's case is statute-barred

The mass wiretapping of about 20 thousand citizens will remain in the annals of the judiciary with another "unsolved" signature even after the USA, the strategic partners of every Macedonian government, gathered evidence and publicly announced that the judge Enver Bexheti and the former deputy prime minister Artan Grubi they took a bribe in order to save the former head of the Security and Counterintelligence Administration, Sasho Mijalkov, from responsibility for mass wiretapping.

Although Bezzetti successfully prosecuted the case for nine months, it was officially time-barred due to controversial changes to the Criminal Code (CPC). But, hypothetically, there was a possibility that Bejetti would be more expeditious in his actions and the mass wiretapping would get a judicial epilogue before the changes "push" the important cases.

Criminals who were contacted by "Sloboden pečet" have different interpretations, but they are all unanimous that the case cannot be reopened because with the amendments to the Criminal Code, it is absolutely obsolete.

Rough Budgets Photo: Free Press

Even if criminal responsibility is established for judge Bejeti, it will not have any impact on the case.

- In the specific case, the absolute statute of limitations for criminal prosecution of the defendants included in the case has occurred. In this case, even if there was another procedure in which criminal responsibility would potentially be determined for Judge Enver Bejeti, it would have absolutely no impact on the indicated court case, and for the reason stated earlier, say the Coalition "All for a fair trial" " for "Free Press".

Lawyer Janaki Mitrovski, in a statement for "Sloboden Pechat", is considering another possibility, but Mijalkov would still be saved with it.

– Everything that has absolute obsolescence, that's it. But even if there is no absolute statute of limitations, and it is proven that a criminal offense was committed by a judge in the case, that in itself is a basis for repetition. The problem is that the actual trial against Grubi and Bejeti would last for years, and by the time it ends, Mijalkov's crime will certainly be out of date - says Mitrovski.

Another reason that affects this case is that the defendants are subject to a more lenient law, which is provided for by an article of the Criminal Code that has never been amended.

"On the perpetrator of a crime, the law that was valid at the time of the commission of the crime is applied. If the law has been changed after the crime has been committed, one or more times, the law that is more lenient for the perpetrator will be applied," says a part of this article of the Law.

And the professor of criminal law Gordan Kalajdziev states the absolute statute of limitations and says that the trial cannot be repeated to the detriment of the accused. He, in turn, refers to Article 449 of the Law on Criminal Procedure, according to which the procedure can be repeated only in favor of the convicted.

"Criminal proceedings concluded with a final verdict can be repeated in favor of the convicted, if it is proven that the verdict was based on a false document, visual and audio recording or on a false statement of the witness, the expert, the interpreter or the translator, i.e. the interpreter, but also if it is proven that the verdict was reached due to a criminal act by the judge, a judge-juror or a person who carried out investigative actions", it is written in part of the member.

This means that even if it is determined that the key case of the former Special Public Prosecutor's Office is out of date because Bejeti kept it in a drawer, there is no going back, it has already failed and will only add to the list of unresolved illegal wiretapping since the independence of the country.

The only possibility that exists, and is mentioned by prosecutors for "Sloboden Pechat", is if the Prosecutor's Office proves that the judge took a bribe to make the case obsolete, that he compensates the costs that fell on the burden of the citizens.

The prosecutor's office, on the other hand, filed a case against Grubi and Bezzetti after the State Department put them on a "black list" and announced that they took bribes for the "Target-Fortress" case. Now it will be determined who gave and who received a bribe in order to keep the case in a drawer, so if evidence is found, Mijalkov can be held accountable for giving a bribe.

– I have established a case to secure evidence regarding allegations of bribery and influence peddling. The case has been submitted to the competent public prosecutor's office. It will be investigated who is the giver of the bribe, who is the recipient of the bribe, whether there was influence trading. The procedure has started - declared the public prosecutor of the republic, Ljupco Kocevski.

Public Prosecutors/ photo: Sloboden Pechat / Slobodan Djuric

The former supreme judge Vera Koco assesses that putting judge Begeti on the "black list" made our institutions aware that they should take care of the behavior of judges and react promptly.

– First, the Judicial Council failed with the decision in the disciplinary procedure, when it punished him only with a fine in a minimal amount for such a serious violation, even though it is a more serious type of violation. Now it depends on what will be determined after the charges filed in the criminal proceedings and the connection between the possible criminal offense and the offense for which a bribe was possibly taken. Specifically, did this event play a key role in the former procedure. However, the possible conviction of Begeti will certainly lead to his dismissal from office - says Kotso for "Sloboden Pechat".

Bejeti had the influence to replace the former president of the Judicial Council, Vesna Dameva, and because of him, the Supreme Court was left without criminal judges. Dameva publicly stated that the reason for her dismissal was exactly Bexetti because he was not promoted in the Supreme Court and because there was a case for him to determine responsibility.

The whole public knew that the Appellate Court had been deciding on the mass wiretapping for months, this was also confirmed by the Judicial Council, which publicly pointed out Bezhetti as being responsible for this. But he was only punished with a 20 percent pay cut. The light sentence for him was also found in the European Commission's progress report, but the institutions woke up only after the United States gathered evidence that he was corrupt.

The collapse of "mass wiretapping" will initially cost us more than 5 million denars

 

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