Constitutional Court

KI 70/18, Applicant: Alfred Zylfaj, constitutional review of Decision PML. No. 120/17 of the Supreme Court of Kosovo of 13 December 2017

 KI 70/18, Resolution on Inadmissibility of 6 February 2019, published on 18 March 2019.

Keywords: individual referral, criminal procedure, reformatio in pieus, manifestly ill-founded referral

The Applicant considers that the rights and freedoms guaranteed by the Constitution and the ECHR have been violated in the criminal proceedings before the regular courts. The Applicant in his complaints emphasized that the principle reformatio in pieus has been violated to his detriment.

The Applicant requested the Constitutional Court to assess the constitutionality of the decisions of the regular courts and whether the principle reformatio in pieus has been violated to his detriment.

The Constitutional Court held that in the case of the Applicant the principle reformatio in pieus was not violated because the public prosecutor complained in two judicial instances and the case was remanded ex officio for retrial from the beginning. The Court concluded that the Applicant’s Referral is inadmissible as manifestly ill-founded on constitutional basis, as established in Article 113.7 of the Constitution, foreseen by Article 48 of the Law and further specified in Rule 39 (2) of the Rules of Procedure.