Instruments of Criminal Case Resolution Outside of the Main Trial Under Kosovo Criminal Legislation

Azem Hajdari

Abstract


Criminal 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..


Keywords


Court; Prosecution; Suspension; Mediation; Order

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References


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DOI: http://dx.doi.org/10.3968/8725

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