Constitutional Court

KI120/18, Applicant: Arian Lluka, Constitutional review of Judgment PAKR. No. 364/2015 of the Court of Appeals of 21 October 2015, in conjunction with Judgment P. No. 04/2013 of the Basic Court in Peja of 19 March 2014 as well as Decision Pzd. No. 154/2017 of the Supreme Court of Kosovo of 13 February 2018

KI120/18, Resolution on inadmissibility, of 26 November 2018, published on 27 December 2018

Key words; individual referral, request for extraordinary mitigation of the sentence, out of time Referral

In his Referral, the Applicant challenges the Judgment of the Court of Appeals as well as the Decision of the Supreme Court of Kosovo, namely issued in the framework of the criminal procedure and the procedure regarding the request for extraordinary mitigation of the punishment.

The Applicant was found guilty of committing a criminal offense and sentenced him to imprisonment. Considering the fact that the Applicant during the commission of the criminal offense was still a minor, the Basic Court in its Judgment, which declared the Applicant guilty and sentenced him to imprisonment, applied the provisions of the Juvenile Justice Code.

The Applicant against the Judgment on punishment filed an appeal with the Court of Appeals. The Court of Appeals rejected the Applicant’s appeal as ungrounded, upholding the Judgment of the Basic Court.

After a certain period of time, in another proceeding, the Applicant filed with the Supreme Court a request for extraordinary mitigation of sentence pronounced by the final Judgment of the Basic Court. The Supreme Court rejected the Applicant’s Referral as ungrounded.

The Court found that the Applicant’s Referral in respect of the two decisions challenged by him was not filed within the 4 (four) month legal period provided for in Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure, and, therefore, concluded that his Referral is out of time.