Court Reveals Why Killer Dan Hutra Was Released from Prison
The court of Tirana published this Wednesday an explanation regarding the decision to release from prison Dan Hutra, the serial killer who executed three women in Tirana a day ago.
The court emphasizes that the release of Hutra was required by the law for the termination of the security measure and the release of the defendant, after serving the sentence in custody.
"In Article 261 of the Penal Code, specifically in point c) it is provided that... "Security measures are extinguished when the duration of detention served is greater than the measure of the specified punishment....".
"In the interpretation of the above provision, if the duration of detention suffered by the defendant is greater than the sentence imposed by the Court of the Judicial District of Tirana, then the personal security measure "Arrest in prison" imposed on the defendant cannot continue to be executed.
Referring to the case, from the Court of the Judicial District of Tirana, with decision no. 395 dated 08.02.2023, the defendant was sentenced, in application of Article 406 of the Penal Code, finally with 1 (one) year of imprisonment for committing the criminal offense of "Domestic Violence" provided for by Article 130/a/1 of K.Pr. Criminal. According to this decision, serving the sentence begins on 16.06.2022, when the defendant was arrested. During the trial, the defendant was tried with the security measure "Arrest in prison" from 16.06.2022 until today.
Based on Article 7 of Law no. 7942 dated 31.05.1995 "On the entry into force of the Criminal Code", one day of detention suffered by the defendant under the measure "arrest in prison" is equal to one and a half days of imprisonment.
Under these conditions, it appears that the defendant has served the full sentence on 16.02.2023, as the duration of the detention he is serving is greater than the sentence set by the court.
Under these conditions, on 16.02.2023, the Court was obliged by law to decide the cancellation of the security measure and the immediate release of this defendant", the court announcement states.
