Remand in Custody Imposed on Three Individuals at Tirana Prosecution’s Request over Unauthorized Construction

The security measure of “Remand in Custody” was imposed, at the request of Tirana Prosecution’s Office, on three individuals identified as M.J., F.L. and F.Sh., suspected of the criminal offense of “Illegal Construction,” as provided for in Articles 199/a(4) and 25 of the Criminal Code. While for the forth one, the citizen A.Sh., was imposed the security measure ‘Obligation to appear’ to police. 

Investigations conducted under criminal proceeding No. 3193, dated May 8, 2026, found that the suspects had exceeded the parameters of a construction permit at a development on Llukë Kaçaj Street, specifically behind American Hospital 2. They are also alleged to have carried out construction works outside the conditions approved in the relevant project and to have operated in violation of applicable legislation by exceeding the permitted construction parameters and conducting informal sales to evade fiscal obligations.

An analysis of the circumstances of the case and the duration of the construction activity indicates that the building in question was constructed over several years. During this period, construction works were allegedly carried out in breach of the building permit, with the violations being ongoing and readily observable on site. Despite this, no administrative or enforcement measures were reportedly taken by the competent authorities of Municipal Inspectorate for Territorial Protection (IMT) and the National Inspectorate for Territorial Protection (IKMT). As a result, reasonable suspicion has arisen that officials or employees of the territorial inspection bodies, who were legally responsible for detecting, documenting, and preventing such violations, failed to fulfill their duties under the law.

The technical and legal documentation indicates that the building permit for another residential building was provided for two underground floors and nine floors above ground. However, an inspection of the construction site established that two additional floors had been built, resulting in a total of 11 floors above ground instead of the nine authorized. According to data from Tirana Municipal Inspectorate for Territorial Protection (IMT), approximately 2,550 square meters were constructed in excess of the approved permit, on the 10th and 11th floors, in violation of the permitted construction parameters.
The investigation and the evidence obtained establish that the citizens M.J., F.L., F. Sh., and A. Sh. have committed the constituent elements of the criminal offense of “Illegal Construction,” as provided for under Articles 199/a(4) and 25 of the Criminal Code.

In these circumstances, the imposition of the coercive personal security measure of “Remand in Custody” on M.J., F.Sh., F.L., and A.Sh. is required, as the legal conditions and criteria for such measures set out in Articles 228, 229, and 230 of the Criminal Procedure Code are met. In particular, there is reasonable suspicion based on evidence that they have committed the criminal offense of “Illegal Construction,” as stipulated in Articles 199/a(4) and 25 of the Criminal Code, and no grounds exist for exemption from punishment or for the extinction of the criminal offense.