The Supreme Court overturned the verdict against former Karposh Mayor Jakimovski because it was not established whether the facility was a solid structure or prefabricated.
In the rationale of the decision, the Court explains that Jakimovski was sentenced to prison even though neither the Criminal Court nor the Appellate Court had determined whether the Municipality’s administrative facility was of a permanent or temporary nature.
Upon reviewing the request for extraordinary review of final judgments submitted by his defense attorney, the Supreme Court determined that the lower courts did not clearly establish whether the facility, pursuant to law, was subject to the requirement of obtaining a construction permit — thereby fulfilling the essential elements of the criminal offense of illegal construction — or whether it constituted a temporary facility, as Jakimovski stated in his defense.