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Can a mayor be sworn in from prison? Spartak Ngjela shows how to act in the case of Fredi Beleri
Written by SOT.COM.AL 26 Maj 2023
Lawyer Spartak Ngjela spoke yesterday about the judicial process for the elected mayor of Himara, Fredi Beleri. In a televised interview yesterday, Ngjela showed how to act in the case of Beler. He said that until there is a final sentence from the court, Beleri is presumed innocent and cannot be denied the right to be appointed as the head of the municipality of Himara. The lawyer emphasized that the only obstacle is the oath before the Municipal Council, for which they can give him permission to perform it. However, Ngjela emphasized that in his view the evidence is complete and Beler will be sentenced by the court before the term of his oath as mayor expires. "Beler is presumed innocent. Despite the fact that he is under arrest, there is no final court decision. As long as there is no final decision, no one can legally stop those who have chosen to continue the procedure. So far we are in a normal process. But he is in prison and cannot take the oath. Or they will allow him to take the oath and return to prison, but taking the oath has a deadline which must be respected", he declared. Ngjela further stated that the law states that a mayor who is punished with a final decision by the court is stripped of his mandate. He emphasized that after his two trials are over, he will be able to be sentenced. "But we must clarify one thing that there is no hope of being the mayor of Himara. Since the law says that a mayor who is punished by a final decision from the court, can no longer be mayor, his mandate is removed. Once he goes to trial and the trial will be done quickly. After his two trials are over, where the prosecution has complete evidence, he will be sentenced by a decision of the GJKKO and the criminal offense he has committed is from 1 year to 5 years. If he is convicted, he will no longer be able to be mayor", underlined Ngjela.