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Written by SOT.COM.AL 7 Qershor 2023
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:
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 the criminal offense of "Abuse of duty" committed in cooperation, provided by articles 248 and 25 of the Criminal Code 2 (two) times.
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 drawing them up in cooperation, provided for by article 190/ 3 and 25 of the Penal Code.
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" carried out in the form of the falsification of forms approved by the person who is tasked with drafting them in cooperation, provided by article 190/3 and 25 of the Penal Code.
The appointment 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" carried out in the form of the 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.
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" committed in the form of falsification of forms approved by the person tasked with drawing them up in cooperation, provided for by article 190/3 and 25 of the Penal Code.
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" carried out in the form of the 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.
The appointment 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", carried out in cooperation, provided by article 248 and 25 of the Penal Code.
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" committed in the form of falsification of forms approved by the person tasked with drafting them in cooperation, provided by article 190/3 and 25 of the Penal Code.
The assignment 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 .Penalty.
The appointment of the security measure "House arrest", provided by article 237 of the Code of Criminal Procedure, for the person under DD investigation as a person suspected of committing the criminal offense of "Abuse of duty", provided for by article 248 of K .Penalty.
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.
Nga sa më sipër, ish Kryetari i Bashkisë Durrës V.D., Drejtori i Drejtorisë së Kontrollit dhe Planifikimit të Territorit A.Q. Arkitekti E.L., projektuesja M.P. topografët F.E. dhe A.B. gjatë përpilimit të akteve të sipërcituara jo vetëm që kanë shpërdoruar detyrën, por nuk kanë pasqyruar në dokumentacionin tekniko-ligjor të objektit të vërtetën në lidhje me kohën kur janë bërë punimet dhe është realizuar ndërtimi, duke bërë që këto akte të jenë të fallsifikuara në përmbajtje.
II. Në lidhje me faktin e dytë të hetuar
Ka rezultuar se në vitin 2014, Bashkia Durrës ka kryer një procedurë prokurimi, për shërbim konsulence, sigurimin e një projekti të quajtur “Projektim zbatim për Promenadën Bregdetare dhe Plazhin publik nga Bërryli deri në Currila”.
Në funksion të kësaj, Kryetari i Bashkisë Durrës V.D. ka ngritur një grup pune i përbërë nga shtetasit A.Q., A.T. D.D. dhe B.S. anëtarët e të cilit kanë patur si detyrë, përcaktimin e termave të referencës dhe fondin limit, bazuar në V.K.M. Nr.444 datë 05 Shtator 1994.
Në fakt, për shkak të disa gabimeve në llogaritje tarifa e studimit dhe vlera e fondit limit, është llogaritur dhjetë herë më e lartë se sa duhet të ishte, sipas kritereve të Vendimit të Këshillit të Ministrave.
Është shpalluar procedura e prokurimit me fond limit 21.000.000 lekë, të përcaktuar dhe në urdhërin e prokurimit të nënshkruar nga personi nën hetim V.D. dhe në fund të procedurës, është shpallur fituese Shoqëria “XXX sh.p.k.”.
Procedura ka vijuar me lidhjen e kontratës, në nenin 5 të të cilës është parashikuar se 60% e vlerës do të shlyhej në momentin e nënshkrimit të kontratës dhe 40% vitin e ardhshem buxhetor.
Në muajin Maj 2015, sipas një audimi të Kontrollit të Lartë të Shtetit, është konstatuar parregullsi e përllogaritjes së fondit limit, duke i lënë detyrë administratës së Bashkisë Durrës që të rikuperojë dëmin ekonomik.
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.