He killed his uncle's son in Kamze, Granit Shehut is sentenced to 20 years in prison!

The Court of Appeal of the General Jurisdiction has reduced the sentence of Granit Shehu, who in 2015 killed his cousin in Kamze, to 2 years and 6 months in prison. 

Decision of the Court of Appeal

Referring to previous reports in the media, the Court of Appeal of General Jurisdiction informs the following:

In the Court of the Judicial District of Tirana, a trial was held regarding the criminal case that belongs to the defendant with the initials G (G). Sh, accused of committing the criminal offense "Murder with premeditation", provided by article 78/2 of the Penal Code.

The alleged fact is related to the event that happened on 16.09.2015, on "Horizonti" street, Kamëz Municipality. The citizen with the initials M. Sh was hit by the defendant G. (G). Sh (his cousin), several times with strong and cutting tools, causing him serious wounds, up to the loss of his life.

The Court of the Tirana Judicial District, with decision no. 3314, dated 31.10.2016 decided:

The guilty plea of ​​the defendant G (G). Sh for committing the criminal offense of "Premeditated murder", and based on Article 78/2 of the Criminal Code, sentences him to 24 (twenty-four) years of imprisonment.
Pursuant to Article 406 of the Penal Code, after reducing the sentence by 1/3, the defendant G (G). Sh is sentenced to a single final sentence of 16 (sixteen) years of imprisonment.
The serving of the sentence will start from the date of arrest.
The case on appeal was examined on the basis of appeals:

1. From the Prosecutor's Office at the Tirana Judicial District Court, which requested:

- Changing the decision of the Tirana Judicial District Court against the defendant with the initials G (G). Sh.

- The guilty plea of ​​the defendant with the initials G (G). Sh., for the commission of the criminal offense "Murder with premeditation committed for revenge to the detriment of the citizen with the initials M.SH", provided by article 78/2 of the Penal Code and his sentence of life imprisonment.

- In application of Article 406 of the Penal Code, his sentence to 35 (thirty-five) years of imprisonment.

2. From the defendant with initials G (G). Sh who asked:

- The guilty plea of ​​the defendant with the initials G (G). Sh for the criminal offense provided by article 82 of the Criminal Code "Murder committed in a state of strong mental shock" or 83 of the Criminal Code "Murder committed beyond the limits of the necessary protection" and its punishment according to the relevant provisions .

Tirana Court of Appeal, with decision no. 2082, dated 03.10.2018 decided:

-Enforcement of criminal decision no. 3314, dated 31.10.2016 of the Court of the Judicial District of Tirana.

Against the decision of the Tirana Court of Appeal, they exercised recourse:

1. The Prosecutor's Office at the Tirana Court of Appeal, which requested:

- Annulment of the decision no. 2082, dated 03.10.2018 of the Tirana Court of Appeal and the return of the documents for reconsideration to this court".

The defendant with initials with initials G (G). Sh who requested:
- The annulment of the decision no. 2082, dated 03.10.2018 of the Tirana Court of Appeal and the return of the acts for reconsideration by ordering the change of the legal description of the criminal offense from Article 78/2 of the Criminal Code "Murder by premeditation" in the offense provided for by Article 82 of the Penal Code "Murder in conditions of severe mental shock" or Article 83 of the Penal Code "Murder committed beyond the limits of the necessary protection" and its punishment according to the relevant provisions .

The Supreme Court, based on Article 112/3, of the Penal Code, has established the invalidity of the decision of the Tirana Court of Appeal for lack of reasoning regarding the legal definition of the criminal offense of "Premeditated murder", provided for by Article 78/ 2 of the Penal Code, and with decision no. 298, dated 07.11.2023 decided:

"The annulment of decision no. no. 2082, dated 03.10.2018 of the Tirana Court of Appeal, and sending the case for reconsideration to the Court of Appeal of General Jurisdiction, with another panel of judges".

At the end of the trial, on 23.05.2024, the Court of Appeal of General Jurisdiction, composed of the panel with Judge Relator Mr. Fatri Islamaj and member Mrs. Edlira Petri and Mrs. Marsela Pepi decided:

- Change of decision no. 3314, dated 31.10.2016 of the Court of the Judicial District of Tirana as follows:
- The guilty declaration of the defendant G (G). Sh for committing the criminal offense of "Deliberate murder", provided by article 76 of the Penal Code, and his sentence of 20 (twenty) years of imprisonment.

- Pursuant to Article 406 of the Penal Code, 1/3 of the punishment is reduced and ultimately the defendant G (G). Sh is sentenced to 13 (thirteen) years and 4 (four) months of imprisonment.

- Serving the sentence starts from the date of his arrest.

COURT OF APPEALS OF GENERAL JURISDICTION