On Thursday, the Supreme Court ruled that Edmond Lajçi’s sentence be changed from life imprisonment to 30 years in prison for the murder of his wife, Gjyljeta Ukella.
According to the Supreme Court’s ruling, the first- and second-instance courts had not properly applied Article 41 of the Criminal Code, which concerns the imposition of life imprisonment.
Të lidhura
None found
“Some of the circumstances considered particularly aggravating were not supported by evidence, while some of them constitute elements of the criminal offence itself and, for this reason, cannot justify the imposition of the most severe sentence provided by law.
The time spent in pre-trial detention since 16 April 2024 will also be counted towards the sentence.
In all other respects, the judgments of the Basic Court in Peja and the Court of Appeals remain unchanged,” the statement said.
The Supreme Court stressed that a life prison sentence may be imposed only when there are particularly aggravating circumstances that clearly distinguish a case from ordinary cases involving the same criminal offence. According to the court, such a measure should be imposed when a lighter sentence would not be proportionate to the gravity of the offence and the degree of the perpetrator’s guilt.
“In this case, the Supreme Court found that this legal standard had not been met,” the ruling said.
Referring to the principles of individualisation and proportionality of punishment, as well as the case law of the European Court of Human Rights, the Supreme Court concluded that a 30-year prison sentence corresponds to the gravity of the criminal offence, the degree of guilt and the dangerousness of the defendant. According to the court, this sentence can fulfil the punitive purpose, both in terms of individual and general prevention.
Gjyljeta Ukella’s family had requested that Edmond Lajçi’s life prison sentence remain in force.
The indictment states that on 16 April 2024, at around 08:00, in his apartment on Bill Clinton Street in Peja, Edmond Lajçi intentionally took the life of his wife, the late Gjyljeta Ukella, using a pistol.
According to the indictment, the defendant had ongoing problems with the victim and had also subjected her to psychological violence. One day before the incident, he had gone to the hospital, where he stayed with his mother, who was receiving treatment for an illness. In the morning, he returned to the apartment, where their daughter, T., was also present. He asked her to go to the shop to buy something, intending to be left alone with the victim.
As described in the indictment, while Gjyljeta Ukella was sitting on the bed in the apartment’s living room, the defendant fired at her.
