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Several Features the Special Court for Kosovo and Challenges that May Face during the Proving the Process of Concrete Criminal Cases
Get PDFThe Special Court for Kosovo is a hybrid court of "sui generis" nature which essentially consists of several elements of local and international character. This Court is characterized by a considerable number of specifications which make it a court of a special type, compared to national courts and international criminal courts recorded by human society memories until nowadays. Such characteristics refer to establishment and activities of this court, international double trial, selective trials, subject matter, personal and time jurisdiction. On the other hand, it is expectable that the work of this court shall be accompanied by numerous problems linked to proving of the alleged crimes for adjudication of which was established. These troubles mainly are expected to come to expression concerning issues related to the testimony of witnesses, victims of crime and material evidence
State Prosecutor’s Authorizations Related to Criminal Report-Kosovo Context
Get PDFState prosecutor in the Republic of Kosovo is a state authority which in criminal proceedings is competent to conduct investigations, file indictments, gather evidence, filing regular and extraordinary legal remedies. The legislator has granted authorizations to the state prosecutor even in pre-trial procedure especially when it comes to situation to decide concerning criminal report filed by police or other authorized subjects. Decision-making of state prosecutor concerning criminal report may be addressed in four directions: dismissal of criminal report, request for additional information, conduct investigation and direct indictment. What kind of decision shall be made it depends from the concrete case and circumstances characterizing it as well as by assessment of criteria fulfillment which is stipulated by law for each form of decision-making. Regarding this matter, in this scientific paper shall be indicated the practical activity of three of the seven Basic Prosecutions operating in Kosovo for a period of time of three years. During the preparation of this article I have used the legal, comparative, statistical and analytical methods
Several Characteristics Of The Special International Court For Kosovo
Get PDFThe Special International Court for Kosovo (hereinafter the Special Court) has been established for adjudication of cross-border and international crimes alleged to have been committed in Kosovo during the period of time January 1, 1998-December 31, 2000. This court consists of Specialized Chambers and the Office of Specialized Prosecutor and they shall be able to conduct investigations, criminal prosecutions and trials of persons alleged to have committed war crimes and crimes against humanity. The Special Court shall perform its activities in Kosovo and in The Kingdom of Netherlands. This court has in its focus the adjudication of crimes included in the Report of the Parliamentary Assembly of the Council of Europe DOK 12462 dated January 7, 2011, crimes reported by Swiss Senator Dick Marty. The Special Court is expected to solve the sustainability of charges on organ trafficking and other serious crimes committed by influential individuals within former KLA, charges which shall be considered a great obstacle in developing and integrating Kosovo processes. In this short scientific paper shall be discussed about the meaning of The Special Court, its jurisdiction, punishments, their execution, the cooperation of this court with national and international institutions etc
The phenomenology and etiology of criminal acts involving immigrant smuggling in Kosovo
No full textThe globalized situation of the immigration affects a lot of poor countries; the Republic
of Kosovo has not escape to this reality. Another general trend throughout
immigration is the smuggling, condition they have also been suffering, fact that due to
diverse circumstances such as political crisis and wars make a great challenge to
punish or prevent this crime. This is the aim of this article, to make a presentation
and an analysis of several elements relating to the phenomenological and etiological
treatment of crimes involving smuggling of immigrants.La situación globalizada de la migración afecta a muchos países pobres, la República
de Kosovo no ha escapado a esta realidad. Otra tendencia general por la cual
atraviesan los migrantes es el tráfico de personas, condición de la cual también han
sufrido, y es un hecho que aunado a las diversas circunstancias de crisis políticas y de
guerra, implica un gran reto el castigo o la prevención a este delito. Este es el objetivo
del presente artículo, hacer una presentación y un análisis de diferentes elementos
relacionando etiológica y fenomenológicamente el tratado de los crímenes involucrando
el tráfico de migrantes
Dismissal of criminal case investigation-Kosovo context
Get PDFOne of the manners of concluding investigation is its dismissal. Investigation duly is dismissed by a special ruling rendered by the competent state prosecutor. Dismissal of investigation is a procedural action that results with the dismissal of criminal proceedings entirely. The state prosecutor dismisses investigations when it comes to conclusion that there is a fulfillment of legal requirements which determine the undertaking of such an action. In any case, the ruling on investigation dismissal expresses unavoidable effects, except in dismissal of procedure, also in interruption of exercising actions which previously for the police have been authorized by state prosecutor as well as interruption of detention on remand and any other measure imposed against the defendant. Within this scientific paper, in order to have a better picture of situation related to dismissal of investigation has been reflected the practical work of the Basic Prosecution of Prishtina, Prizren and Mitrovica for the period of time 2013-2015. In this case, there are conclusions and concrete suggestions considered to be in function of professional advancement of state prosecutor decision-making concerning criminal cases investigation
Instruments of Criminal Case Resolution Outside of the Main Trial Under Kosovo Criminal Legislation
Get PDFCriminal case resolution out of the main trial includes the entirety of instruments through which is made possible by the resolution of a criminal case without having the need to be handled within the main trial. In Kosovo, the Criminal Procedure Code of the Republic of Kosovo recognizes four such instruments: temporary suspension of proceedings, mediation, punitive order and decision-making during the initial review of the indictment. By application of these instruments shall be realized benefits of state character (public), group benefits and by criminal proceedings parties itself (the defendant and victim).Modest results of this scientific paper indicate that in Kosovo during the period of time 2013-2015 courts and prosecutions have applied instruments of criminal case resolution in relatively rare cases. The number of resolved criminal cases through such instruments participates in general number of resolved criminal cases by only 8.99%. This conclusion results from the conducted analysis for the researching period of time to Basic Court of Prishtina, Gjilan, Mitrovica, Peja as well as for Basic Prosecutions. Therefore, is necessary for respective institutions of the country to stimulate the more common application of these institutions evaluated to be more practical, more beneficial to parties and less costly for the state budget. Therefore concerning this issue it is preferable to follow the experiences of modern countries such is the case with USA, England, Germany, Italy etc.
Oduzimanje nezakonito stečene imovine s posebnim naglaskom na Kosovo
Get PDFThe subject of this study is confiscation of unlawfully acquired assets’, with special focus
on Kosovo. The study centers in handling of the notion and types of confiscation, purpose of
confiscation, confiscation decision making authorities’, confiscation procedure and administration
of confiscated assets. Moreover, this study presents and elaborates few pertinent data on confiscation
of assets and highlights some challenges, problems, and advantages of the confiscation institute. The
results of this study confirm that confiscation of assets in Kosovo impacted directly in fighting and
dismantling of few organized criminal groups and activities, however, there are yet multiple tasks to
be completed, few of which are rather challenging. Further in this study are prescribed the activities
of Courts and other relevant institutions in Kosovo related with confiscation of unlawfully acquired
assets, in addition there are specific measures prescribed to promote their effectivity in this matter
while addressing the requirements of the law and Kosovo society in overall. For purposes of this
paper were used legal, comparative, descriptive, case study and statistical methods.Predmet ovoga rada jest oduzimanje nezakonito stečene imovine s posebnim naglaskom na
Kosovo. Rad se bavi postupanjem s pojmom i vrstama oduzimanja imovinske koristi, svrhom
oduzimanja, tijelima za donošenje odluka o oduzimanju, postupkom oduzimanja i upravljanjem
oduzetom imovinom. Nadalje, prikazani su i razrađeni neki relevantni podaci o oduzimanju
imovinske koristi te se ističu izazovi, problemi i prednosti ovog instituta. Rezultati istraživanja
potvrđuju da je oduzimanje imovinske koristi na Kosovu izravno utjecalo na borbu protiv (i
razbijanje) nekoliko organiziranih kriminalnih skupina i aktivnosti, međutim, postoji još nekoliko
zadataka koje treba izvršiti, od kojih su neki prilično izazovni. U radu se iznose i aktivnosti sudova
i drugih relevantnih institucija na Kosovu u vezi s oduzimanjem nezakonito stečene imovine, te se
ističu posebne mjere za promicanje njihove djelotvornosti u skladu sa zahtjevima prava i kosovskog
društva u cjelini. Za potrebe ovog rada korištene su pravne, komparativne, deskriptivne metode,
studije slučaja i statističke metode
Acquittal Judgment
Get PDFThe acquittal judgment is a meritorious judgment by means of which the court resolves a criminal case being object of trial. Hence, by this type of judgment the court concludes criminal case, by releasing the defendant from all charges. The acquittal judgment within this scientific paper shall be handled in several aspects. Here, shall be reflected the meaning of acquittal judgment, its characteristics, criteria concerning imposition of the acquittal judgment and the authority regarding its imposition as well as the procedure and effects of this type of judgment. Also, within this scientific paper shall be handled the Kosovo Basic Courts activity in relation to imposition of this type of judgment during the period of time 2015-2017.During the preparation of this scientific paper I have used legal, comparative, analysis and statistical methods
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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