Supreme Court sends Stevço Jakimovski’s case back for retrial, orders his release from prison

The Supreme Court’s decision to send convicted defendant Stevço Jakimovski’s case back for retrial also halts the further enforcement of the sentence previously imposed. The Criminal Court will therefore immediately notify the correctional institution of his release.

As a result, Jakimovski will not return to prison to serve the sentence stipulated in the previous ruling.

He is currently on conditional release, a measure approved by the prison administration on health grounds. Following the Supreme Court’s decision, the case file will be sent back to the competent court, which must reconsider the case from the beginning and issue a new ruling.

The Supreme Court noted that the courts of first and second instance had failed to clarify whether the administrative facility in question was a permanent building or a prefabricated structure known as a barrack.

According to the reasoning behind the decision, based on the evidence presented during the proceedings, the court must clearly determine the nature of the structure and its legal status. This assessment must take into account the structure’s construction and technical characteristics, the materials used, and its intended purpose.

These elements are necessary to determine whether it is a permanent building requiring a construction permit or a temporary structure requiring an installation permit.