Professional paper

https://doi.org/10.30925/zpfsr.39.3.12

CRIMINAL LAW AND CRIMINAL PROCEDURE LAW IN THE REPUBLIC OF KOSOVO

Islam Qerimi orcid.org/0000-0002-1645-079X ; Faculty of Law University of Mitrovica, Mitrovica, Kosovo
Bedri Bahtiri orcid.org/0000-0002-8216-808X ; Faculty of Law University of Pristina, Pristina, Kosovo

Abstract

After independence Kosovo could, for the first time in its history, enact its own criminal and criminal procedure law. This essay describes the present Kosovar law and analyses i.a. whether it is in harmony with the requirements of the Constitution and of pertinent international instruments. When the Kosovar parliament enacted the new Criminal Code it seems to have “forgotten” to include the crime of a negligent infliction of serious bodily harm although the previous code had contained such a clause. The new Criminal Procedure Code now contains some Anglo-Saxon elements and meets more or less the human rights requirements of the Constitution and the ECHR. Juvenile criminals fall under a special regime laid down in a separate Juvenile
Justice Code. The rules on mediation in criminal matters are based on very old customary traditions of dispute resolution.

Keywords

Criminal Law; Criminal Procedure Law; Juvenile Criminal Law; Criminal Law Reform; Kosovo

Hrčak ID:

216569

URI

https://hrcak.srce.hr/216569

Publication date:

28.12.2018.

Article data in other languages: italian german croatian

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