Acronyms: - Case management system. - Council of Europe. Procedural Criminal Code of Kosovo. - Criminal Code of Kosovo

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2 Acronyms: CMS CE PCCK CCK JCLK MP MPP DP DPP RP PPRK SPRK KJC MIA MJ - Case management system - Council of Europe Procedural Criminal Code of Kosovo - Criminal Code of Kosovo - Juvenile Criminal Law of Kosovo to - The Municipal Prosecutor - Municipal Public Prosecution - District Prosecutor - District Public Prosecution - Republican Prosecutor - Public Prosecution of the Republic of Kosovo - Special Prosecutor of the Republic of Kosovo - Kosovo Judicial Council - Ministry of Internal Affairs - Ministry of Justice UNMIK - Mission Interim Administration U. N. Kosovo UNDP UN KP - United Nations Program for Development - United Nations - Kosovo Police 1

3 INTRODUCTION Annual Report of the Public Prosecutor of the Republic of Kosovo in 2009, contains indicators for the underlying condition, movement and structure of listed criminal acts and other materials at work.... This report is compiled based on the provisions of Regulation no. 2005/53 and 2006/26, Annex XV, point 8 and 6. The report contains the same data as the previous reports, so that the ratio of 2009 would be comparable to the previous year reports. Public Prosecutor, according to law is an independent body, responsible for investigating criminal acts, for conducting criminal prosecutions against persons suspected of committing criminal acts which are prosecuted ex officio or from the damaged party proposal, for monitoring the police during their investigation for suspected persons who committed criminal acts and also to collect data and information to start criminal proceedings.... Public Prosecutor performs also other duties prescribed by law.... Exercising Prosecutorial function enables the separation of judicial intersystem to be divided in function by function. Public Prosecutors as independent bodies, base their work on the principle of independence to all participants in criminal proceedings and other state bodies. Public Prosecutor, based on the recommendations of the Council of Europe, represent the public authority, who on behalf of the society and public interest, in the name of guaranteeing the rule of law, in cases where violations of law are related to criminal sanctions, taking as a basis for individual rights also need an effective system of criminal justice.... Some of the duties of the Public Prosecutor, conform law, are committed for the Kosovo Special Prosecutor's Office, and one of the primary tasks of this prosecution is fighting crime in the Republic of Kosovo. Public Prosecutors in the Republic of Kosovo operate on three levels: 1) Municipal Public Prosecutors - there are 7 prosecutors; 2) The District Public Prosecutors - there are 5 prosecutions; 3) Special Prosecutor of the Republic of Kosovo. 4) Public Prosecutor of the Republic of Kosovo (State Prosecutor) The best way to show the organization of the Public Prosecution of the Republic of Kosovo is this diagram: 2

4 The work of the Public Prosecutor, administered on the basis of statistical data collected for each quarter, and finally in the end it will be reported for the all year. Statistics of Public Prosecutor in Kosovo, are mostly held by individuals (perpetrators of criminal acts), but in some cases and under criminal charges.1 Statistics of the Public Prosecutor are focused on data: - For adult perpetrators of criminal acts - Juvenile perpetrators of criminal acts - Unknown perpetrators of criminal acts - Various criminal matters - Perpetrators of economic offenses, - Administrative-criminal cases, - Criminal cases in second instance procedure and - Criminal cases for extraordinary legal means Report on the work of the Public Prosecutor of Kosovo reflects the performance of all prosecutions and prosecutors work separately. The report of the Public Prosecutor at the Republic of Kosovo may be incomplete in this report because of missing data in Mitrovica Municipal Public Prosecutor's Office and District Public Prosecutor s Office in Mitrovica that due to the expulsion of the buildings have not worked. In addition to this year for the first time, under the mandate of EULEX data will be reflected on the work of the Special Public Prosecutor of Kosovo. The report for the work of the Public Prosecutor of the Republic of Kosovo in 2009 During 2009, the Public Prosecutor of the Republic of Kosovo, have received a total of 45,315 work-narration criminal cases, prosecutors during the reporting period, have settled 34,610 or 76.4% narration-criminal cases received at work. 2 The number of cases received denouncements-work: 37,173 or 82.0% of denouncements-cases belong to Municipal Public Prosecutor; 5956 or 13.2% of denouncements-cases belong to the District Public Prosecutor; 135 or 0.3% of denouncements-cases belong to Special Prosecutor of the Republic Kosovo and 2051 or 4.5% of cases belong to the Public Prosecutor of the Republic of Kosovo. 1 Criminal reports can have more people. 2 PKK Mitrovica and PPRK, do not have any available data, because they are expelled from the prosecutor's building prosecutions. 3

5 In 2009, the number of criminal cases denouncements-received at work decreased in 2008 compared to 2981 or 6.2% of denouncements-criminal cases. Based on the structure of denouncements-criminal cases shows that 82.0% of denouncements-criminal cases belonging to the Municipal Public Prosecutor's, and this can be shown in the best way on the graphic picture as follows. 0,3% 4,5% 13,2% MPP DPP SPRK PPRK 82,0% Structure of the denouncements-criminal cases which are admitted to work in the Public Prosecutors of the Republic of Kosovo in 2009, according to the type of denouncements-criminal cases appears as follows: 40.5% 18,369 belong to criminal charges of adult perpetrators of VP, 1721 or 3.8% belong to the criminal charges of juvenile perpetrators of VP, 13,355 or 29.5% belong to the unknown perpetrators of criminal acts 8509 or 18.8 belong to various criminal cases, 58 or 0.1% belong to administrative criminal cases, 1252 or 2.8% of criminal cases belonging to the second level and 2051 or 4.5 belongto extraordinary legal remedies (cases of the Public Prosecutor of the Republic of Kosovo). 4

6 From the graphic coverage can be seen that the largest number of criminal charges deal with the charges against criminal acts committed by adult perpetrators (40,5) and unknown perpetrators (29,5). with informing the major perpetrators of criminal acts (40.5%) and unknown perpetrators of criminal acts (29.5%). 45,0% 40,5% 40,0% 35,0% 30,0% 29,5% 25,0% 20,0% 18,8% 15,0% 10,0% 5,0% 0,0% Adult crime perpetrators 3,8% Juvenile crime perpetrators Unknown Crime Perpetrators Different Criminal cases 0,1% Administrative criminal cases 2,8% Second instance criminal cases 4,5% Public prosecution of the Republic of Kosovo Structure of the criminal charges applicants During 2009, MPP-s,-s and SPRK DPP have received a total of 18,369 jobs informing the major perpetrators of criminal acts. Criminal charges received at work, have been submitted by: Year or - % The criminal charge applicant Compared with 2008 Damaged citizen ,3 % Official property holder (O.P damaged) ,3 % Kosovo Police ,4 % Anti-corruption agency ,2 % General Auditor Information Finance Center ,5 % Administration bodies Inspectorates ,4 % Public Persecutor directly % Others ,8 % Total ,8 % 5

7 In 2009, compared with the previous year, the number of criminal charges has decreased for 1343 or 6.8%. The number of criminal charges lodged by citizens damaged, in the reporting year compared with the previous year, has increased to 17 or 6.3% of denouncements, the number of denouncements filed by the holder of the property (OP damaged)has increased to 363 or 19.3% of criminal charges, as well as the number of denouncements filed by the prosecutor directly has increased to 71 or 229%, this data is quite encouraging, because public media is daily overfilled with scandals (writing for crime), and still not a single move was taken by prosecutors for the prosecution of these perpetrators, thus this would be a unique non-sense. It is interesting to mention, the number of criminal charges filed by the Kosovo Police in the reporting year compared with the previous year was reduced by 57 or 0.4%. In the most drastic way was the reduction of the number of applicants of criminal acts by the administrative bodies - for the inspectors in 1765 or 44.4%. But this decline in the submitters of criminal charges has led to a decline in the total number of criminal charges. This decrease of criminal charges is actually falling fictitiously, because realistically the number of criminal cases has increased in almost all areas. For these drops of criminal charges remains to be discussed at the highest instances of the Republic of Kosovo. The number of criminal applicants charges reflected graphically looks like the following: Anti-corruption Agency Kosovo Police Property owner (o.p damaged) Damaged citizen General Auditor Administration bodies Inspectorates Information Finance Center Others Public Persecutor directly Total 6

8 Interethnic criminal charges 3 During the reporting period MPP-s,-s and DPP SPRK, have agreed to work with 278 criminal charges, 340 persons. In the reporting year, compared with the previous year, the number of criminal charges of this kind was reduced to 40 or 12.6%. By taking in consideration the cases of 320 persons, which remains to be outstanding from the previous year and 340 cases of persons who are admitted to work during the reporting year, then total employment during the reporting year were 660 persons cases. During 2009, 373 persons cases have been resolved, and at the end of the reporting period have remained unresolved cases or 43,5 % of the people with criminal charges. The situation for this type of offense appearances, in reporting year is worsened for the fact that the SPRK under UNMIK's mandate, in 2008 had reported that there is no criminal case of this kind of unresolved. In the 2009 report, SPRK under the mandate of EULEX has reported that since 2008, 102 cases are inherited as unsolved cases, so just to get to the end of the reporting year the number of presentations was outstandingly increased. Cases of 373 persons which were processed during the reporting year have been concluded as follows,: 103 or 27.6% of the cases were solved with disposal or with investigative recess 247 or 66.2% of the cases were solved with by initiating charges 23 or 6.2% of the cases were solved in another way (send in competence, procedure unification) The decisions of prosecutors, regarding this type of criminal offense appearances, looks as follows: 6,2% 27,6% Rejection or suspension of the investigation Act confirmation Other methods 66,2% 3 Considered ethnic war, where suspects are Serbian and Albanian, the Bosnian Turkish or vice versa. 7

9 TO Municipal Public Prosecutor Structure denouncements-criminal cases received at work Municipal Public Prosecutors have received during the reporting period a total of 37,173 charges - criminal cases. From the charges - matters received at work in 2009, the Municipal Public Prosecutor during the reporting year have resolved 27,993 or 75.3%. In a small percentage of the settlement denouncements - criminal cases, has affected on finding the unknown perpetrators of criminal acts by the Kosovo Police Service, because a criminal action to resolve the unknown perpetrators, must be disclosed in advance by the police. Structure of charges-criminal cases is as follows: 16,137 or 43.4% are adult perpetrators charges of criminal acts 1517 or 4.1% are the juvenile perpetrators charges of criminal acts 12,207 or 32.8% are the unknown perpetrators charges of criminal acts 7254 or 19.5% are various criminal cases 58 or 0.2% are administrative penal cases. Structure of criminal charges-cases, appears in the graphical representation, as follows: 45,0% 43,4% 40,0% 35,0% 32,8% 30,0% 25,0% 20,0% 19,5% 15,0% 10,0% 5,0% 4,1% 0,2% 0,0% Adult perpetrators of c.a Juvenile perpetrators of c.a Unknown perpetrators of c.a Diiferent criminal Penal administrative In 2009, the MPP-s number of criminal charges-cases in general was decreased compared to 2008 to 2287 or 5.8%. The number of criminal charges for adult perpetrators in 2009, was reduced in 1607 or 9.1%, in fact the reporting period for the number of criminal charges for the perpetrators of minor offenses, compared with the previous year was reduced by 355 or 19, 0% of this type of criminal charges, as well as the number of different criminal cases, compared with the previous year was reduced by 715 or 9.0% of cases. 8

10 In 2009, the number of denouncements of unknown perpetrators of criminal acts, compared with the previous year has increased to 384 or 3.2% of denouncements of this kind. Revealing of the unknown perpetrators of criminal acts by the Kosovo Police in the reporting period was in a very low level, by charging 12,207 unknown perpetrators which were received during 2009, were discovered 110 or 0.9% of unknown perpetrators, while 3852 or 31.6% of the charges of unknown perpetrators were dismissed because of the prescription. Besides denouncements - criminal cases, Municipal Public Prosecutors have agreed to work on 58 additional cases and administrative ones. These criminal charges are generally ceded in jurisdiction of the courts for minor offenses. - Criminal charges against adult perpetrators of c.a - Charges against minor perpetrators c.a - Charges against unknown perpetrator c.a - Various criminal matters - Criminal administrative Total Year 2008 Year 2009 Year 2009 compared with year or ,1% ,0% ,2% ,0% ,5% ,8% The movement of criminal charges for 2008 and 2009 is best pictured with the the following graphic: Year 2008 Year Adult crime perpetrator Juvenile crime perpetrator Unknow n crime perpetrator Different criminal cases Administrative Total 9

11 DISTRICT PUBLIC PROSECUTIONS Structure of denouncements-criminal cases received at work District Public Prosecutor during the reporting period has received a total of 5956 denouncements -criminal cases. From the received denouncements cases in 2009, the District Public Prosecutor during the reporting period have chosen 4538 or 76.2%. Structure denouncements-criminal cases are as follows: or 35.3% of criminal charges are adult offenders; Or 3.4% of criminal charges are juvenile offenders; Or 19.2% are criminal charges of unknown perpetrators of criminal acts; or 21.1% are various criminal denouncements Or 21.0% are criminal cases in second instance procedure. Structure denouncements-criminal cases are reflected graphically looks as follows: 40,0% 35,0% 35,3% 30,0% 25,0% 20,0% 19,2% 21,1% 21,0% 15,0% 10,0% 5,0% 3,4% 0,0% Adult crime committers Juvenile crime committers Unknown criminal committers Different criminal cases Second instance criminal cases 10

12 In 2009, compared with 2008, the District Public Prosecutor denouncements number of criminal cases in general, is reduced by 459 or 7.2% of denouncements-criminal case. From the structure of denouncements-criminal cases is shown that the majority of criminal cases denouncements is related to criminal charges of adult perpetrators of criminal acts (35.3%), and criminal charges of unknown perpetrators of criminal acts 19.2 %. In 2009, compared with the previous year, the number of criminal charges for adult perpetrators of criminal acts has increased to 179 or 9.3% of criminal charges, while the number of juvenile perpetrators of criminal acts, for the same period has increased to 17 or 9.1% of this type of criminal charges, and the number of criminal cases in second instance procedure has increased to 109 or 9.5%. In 2009, compared with the previous year, various criminal cases have been reduced to 743 or 37.2%, and the perpetrators of criminal charges unknown are 21 or 1.8%. - Criminal charges against adult perpetrators of CA - Denouncements against minor perpetrators c.a - Denouncements against unknown perpetrators c.a - Various criminal matters - Criminal Cases on second instance procedure Total Year 2009 compared Year 2008 Year 2009 with year or ,3% ,1% ,8% ,2% ,5% ,2% Structure denouncements best way to see them, is from the following graphic: Year 2008 Year Adult crime committers Juvenile crime committers Unknow n crime committers Different criminal cases Second instance Procedural criminal Total 11

13 SPECIAL PROSECUTOR S OF THE KOSOVO REPUBLIC Kosovo Special Prosecutor's Office in 2009, has agreed to work on 131 criminal charges involving 374 persons. Criminal charges which are being processed at this prosecutor s office are mainly serious crimes. Out of the denouncements accepted to be processed during the reporting year (131), 78 or 59.6% of denouncements were submitted by Kosovo police, 42 or 32.1% were submitted directly by the Public Prosecutor, 2 or 1.5% of Agency Kosovo Anti- Corruption, 4 or 3.0% were filed by the damaged citizens, 2 or 1.5% of denouncements were submitted by the Financial Intelligence Centre and 3 or 2.3% of denouncements were submitted by others. Taking into account the cases of persons (1200) which remained unresolved from the previous year and 374 cases of persons who are admitted to be processed in 2009, it appears that the Kosovo Special Prosecutor's Office has had to work on cases of 1574 persons. Structure of 374 criminal cases under which the Special Prosecutor of the Republic of Kosovo has accepted the work during 2009 is as follows: 10 or 2.7% of persons were suspected of criminal acts of terrorism (Article 110, 111, 112 and 113 KOC) 152 or 40.6% of persons were suspected of criminal offenses of crimes against international law (Article 117, 118, 119, 120 and 121 KOC) 96 or 25.7% of persons are suspected of criminal offenses of organized crime (Article 274 KOC) 75 or 20.1% of persons were suspected of criminal acts against official duty (Article 339, 340, 341, 342, 343, 344 and 345 KOC) 38 or 10.1% of persons are suspected of criminal offenses of money washing (Reg / 2) and 3 or 0.8% of persons were suspected of other criminal acts (article 147 and 267 KOC). Structure of 374 cases of persons, admitted at work in 2009 are presented graphically as follows: 45,0% 40,0% 40,6% 35,0% 30,0% 25,0% 25,7% 20,1% 20,0% 15,0% 10,1% SPRK 10,0% 5,0% 2,7% 0,8% 0,0% Criminal Acts terrorism Crime acts Organized crime acts Criminal acts against official duty 12 Criminal acts Money bland Other criminal acts

14 Regarding the 1574 registration forms to persons who have been hired in 2009, the Kosovo Special Prosecutor's Office in the reporting period has established 56 criminal charges in cases of 150 persons or 9.5%, while the end of the reporting period remains to have 341 outstanding criminal charges in 1424 or 90.5% of persons. Resolved peoples cases (150), have been completed as following: 19 or 12.7% of cases were sent in to other prosecutors jurisdiction; 58 or 38.7% of denouncements were annulated; 19 or 12.7% of investigations on persons were terminated; 3 or 2.0% of investigations on persons were suspended 6 or 4.0% of the persons, is given up from the prosecution denouncements; 37 or 24.7 persons were filed charges after an investigation was established 8 or 5.3% persons, the charge was resolved in other ways While there is no information for Kosovo Special Prosecutor's Office on secure data for years; it was not possible to make any comparison. The way of solving 56 charges against 150 persons, which were solved by the Kosovo Special Prosecutor's Office, will be reflected graphically as follows: 40,0% 38,7% 35,0% 30,0% 25,0% 24,7% 20,0% 15,0% 12,7% 12,7% SPRK 10,0% 5,0% 2,0% 4,0% 5,3% 0,0% Sent to Jurisdiction Rejected Denouncements Investigation Dismissal Investigation Suspension Giving up from Criminal Denouncements Accusation Confirmation after the investigation Solved in other ways 13

15 PUBLIC PROSECUTORS OF THE REPUBLIC OF KOSOVO During 2009, the Public Prosecutor of the Republic of Kosovo has received 2051 cases, which mainly deal with the extraordinary legal means (complaints-appeals). The structure of criminal cases received in employment is as follows: - Appeals to verdict (PPA) 477 or 23.4%, - Appeals to the minor verdicts (PPM) 15 or 0.7%, - Detention facilities (PPP) 565 or 27.5%, - Different charges (PPN) 66 or 3.2%, - Civil recidivists (CRK) 452 or 22.0%, - Protection of legality (all areas) 267 or 13.0%, - request for mitigation (PPZ) and 98 or 4.8% - Administrative 111 or 5.4% In the year 2009 compared with 2008, the Public Prosecutor of the Republic of Kosovo has received 319 cases or 13.5% less than in Out of the cases received at work in 2009, during the reporting period, 2023 have been resolved or 98.6% and in the end of the year 31 cases or 1.4% remained pending. Besides criminal cases received, which were almost all resolved during the reporting period, the Public Prosecutor of the Republic of Kosovo also monitored the work of lower instance prosecutors (DPP-ve and-ve MPP). The purpose of monitoring prosecutions of lower rank, is the ascertainment of the quantity (amount) and quality of the work of prosecutors. The movement of criminal cases received in 2009 and comparison with the year 2008, can be best seen in the following comparative table: 14

16 Type of matter Year 2008 Year 2009 Year 2009 compared with or - in % Appeals in verdict (PPA) ,3 Appeals in verdicts for minor (PPM) ,0 Custodies (PPP) ,9 Carious criminal (PPN) ,8 Civil audit (CRK) ,5 Legality protection (all spheres) ,5 Request for mitigation (PPZ) ,8 Administrative ,6 Total , Appeals in verdict (PPA) Appeals in verdicts for minor (PPM) Custodies (PPP) Carious criminal (PPN) Civil audit (CRK) Legality protection (all spheres) Request for mitigation (PPZ) Administrative 15

17 PROSECUTION ASSIGMENT ON CRIMINAL CHARGES RECIVED DURING THE WORK IN 2009 Assignments for prosecutors with criminal charges in 2009: 31/12/2009 Prosecutors assignment with criminal denouncements NAME OF PROSECUTIONS No. of prosecutors with 31/12/2009 No. of professional cooperators No. of prosecutors who have been assigned with criminal denouncement s 5) Prosecutors assignment with denouncements during Number of denouncements for 1 prosecutor during 2009 Municipality Prosecution ( kol 4: kol 3 ) 4) 1 " Gjilan 6 (-1) " Prizren " Peja " Gjakova " Prishtina " Ferizaj 5 (-1) ) " Mitrovica 5 (-1) TOTAL 48 (-3) " Gjilan " Prizren " Pejë 5 (-1) " Prishtinë 6 (-1) ) " Mitrovicë TOTAL 28 (-2) Special Prosecution of republic of Kosovo Public Prosecution of the Republic of Kosovo 6 6 TOTAL 88 (-5) ) Criminal reports for the unknown perpetrators and the different criminal reports are assessed in proportion with the criminal reports of adult perpetrators 1:8 5) Criminal reports of the second instances are assessed in proportion with the criminal reports of adult perpetrators of DPPO-s 1:3 16

18 In 2009, prosecutors of Municipal Prosecutions of the Republic of Kosovo, have received an average of 467 criminal cases-denouncements. In reporting year every prosecutor has received 85 denouncement less then the previous year. In the reporting year, criminal denouncements which were received for procession under the Kosovo average: MPP-163 denouncements in Gjakovë, while in Pristina municipality, have been below average for 51-denouncements and the municipality in Prizren have 12 denouncements. MPP-in Pec in reporting year was responsible for 140 criminal charges more than the Kosovo s average, MPP in Gjilani 94 more denouncements and MPP of Ferizaj-21 denouncements more than the average number. Taking in consideration the annual rate of criminal charges, that one prosecutor of MPP shall solve, then for solving all the denouncements that are received at work during the year 2009, the Republic of Kosovo was supposed to have 80 MPP prosecutors. Prosecutors of the District Public Prosecution in 2009, have agreed to work an average of 131 criminal charges. Other prosecutors of District Public Prosecutions Office in Pristina, in 2009, were charged with criminal denouncements of 134 criminal charges over the Kosovo average. Other prosecutors of other Prosecutions of District have mainly accepted criminal charges below the average in Kosovo, such as DPP in Prizren-70 has accepted 70 denouncements less than the average of Kosovo, DPP in Gjilani -51 less DPP- Peja DPP has 10 denouncements less.. Having taken into account the annual rate of 60 criminal charges,that one prosecutor of DPP s has to solve, then In order to resolve all the denouncements that are received for procession in 2009 the Republic of Kosovo should have 50 DPP-s.This means that the District Public Prosecution, according to criminal charges received, is in a lack of 27 more prosecutors. Special Prosecutor of the Republic of Kosovo during the reporting period received an average of 22 criminal charges for every prosecutor, but even though these criminal charges are more complicated compared to most other criminal charges in other prosecutions, does not mean that prosecutors have been engaged to their full capacity because prosecutors annual DPP is 60 criminal charges for a year. Municipal Public Prosecutor assignment and District are graphically presented as follows: 6) Human Dynamics - a public sector consultancy, in 2007 has set the annual rate of 250 criminal charges that will solve the PKK, a prosecutor within the calendar year, and the District Public Prosecutor in question is fixed rate 60 criminal charges for a prosecutor during the calendar year. 17

19 Municipality prosecutors assigned with criminal charges: MPP - Gjilan Average Avarage MPP - Gjilan MPP - Prizren MPP - Pejë MPP - Gjakovë MPP - Ferizaj MPP - Prishtinë Avarage MPP - Mitrovicë Municipality prosecutors assigned with criminal charges: DPP --et Gjilan -et Avarage Average DPP - Gjilan DPP - Prizren DPP - Pejë DPP - Mitrovicë DPP - Prishtinë Avarage Prokuroria Speciale 18

20 Prosecutor s efficiency to resolve criminal charges in /12/2009 Prosecutor s efficiency to resolve criminal charges NAME OF PROSECUTIONS No. of prosecutors with 31/12/2009 No. of professional fellows No. of prosecutors who were working on solving criminal charges Total solved criminal charges during 2009 Number of charges for 1 prosecutor during 2009 Municipal Prosecutions ( kol 4 : kol 3 ) 1 " Gjilan 6 (-1) " Prizren " Pejë " Gjakovë " Prishtinë " Ferizaj 5 (-1) " Mitrovicë 5 (-1) - - In total 48 (-3) District Prosecutions 1 " Gjilan " Prizren " Pejë 5 (-1) " Prishtinë 6 (-1) " Mitrovicë In total 28 (-2) Special Prosecution of Kosovo Republic Public Prosecution of Republic of Kosovo TOTAL 88 (-5) In 2009, Prosecutors of Public Prosecutions of the Republic of Kosovo, in total, resolved 18,780 denouncements - criminal cases. During the reporting period, every prosecutor of Municipal Public Prosecution of the Republic of Kosovo, has solved an average of 437 criminal cases-denouncements. The most efficient Municipal Public Prosecution in solving the criminal charges in the reporting year, was Municipality of Peja, which has solved 600 criminal charges for every prosecutor, respectively, it has solved 163 criminal cases over criminal matters, an average of Kosovo (437) and the MPP in Gjilan has solved 596 criminal cases per prosecutor or 159 criminal charges over the Kosovo s average. 19

21 Public prosecutions that have solved the smallest amount of criminal cases denouncements in reporting period, are MPP camps in Gjakova, which was about 192 criminal charges under the average of Kosovo, Pristina MPP, has resolved 70 criminal cases under the Kosovo s average, MPP in Prizren, has resolved 15 criminal cases under the of Kosovo s average and MPP-Ferizaj has resolved 2 charges, cases under the Kosovo average, actually it can be said that the MPP Ferizaj, has been effective by only two of the charges under the average of Kosovo s average. Gjakova Municipal Public Prosecutor's Office has very law average on solving the denouncements-criminal, the number of criminal charges is divided by 3, and in fact there worced only 2 prosecutors, chief of the MPP-es prosecution in Gjakova has not resolved any criminal denouncement throughout the year in 2009, as he allegedly was committed to the organizational issues of the prosecution, and initially this prosecution has 1545 unresolved different criminal cases. MPP-has Gjakova in total number of different subjects, which remain to be unresolved, at the end of 2009, in the Republic of Kosovo participates with 60.1%. To perform this type of case it is necessary to have good prosecutor organization of work. As the District Public Prosecutor, they have solved in the reporting period an average of 103 criminal charges for every prosecutor. The most effective DPP in resolving the criminal charges in 2009, has been DPP Pristina, which has averaged for each prosecutor has solved the 138 criminal cases or criminal denouncement, 35 criminal cases on the Kosovo average. Peja-DPP has resolved during the reporting period an average of 133 additional cases denouncements, any prosecutor or the 30 criminal charges over the Kosovo average, while DPP-has been less effective in Prizren DPP, which has an average per prosecutor resolved by 69 additional cases or in criminal denouncements 34 criminal cases under the average of Kosovo and DPP-in Gjilan has 24 criminal cases under the Kosovo average in denouncements. Kosovo Special Prosecutor's Office in 2009, has resolved 56 criminal charges, on average for every prosecutor that the prosecutor has solved the 9 criminal charges. Taking the annual rate basis, it is anticipated that a prosecutor's DPP, 60 to resolve criminal charges for any prosecutor, the average achieved in 2009 is too small even though in this prosecution beside local prosecutors, there have also worced International prosecutors and 7 and professional associates. Based on rate set annually, 250 criminal charges for prosecutors of MPP's respectively 60 criminal charges for prosecutors of DPP, we can say that all prosecutions except in Gjakovaes MPP, have been very effective in resolving criminal charges even some of the MPP-s Peja and Gjilan and DPP-s in Pristina and Peja, have settled criminal charges over double of the rate for the MPP (250) respectively (60) for DPP's. Public Prosecutor of the Republic of Kosovo, in 2009, has been effective, because it has resolved all criminal cases that were received during the reporting year, that is 2023 or 98.6%, and 31 were not solved at the end of the year. 20

22 The efficiency in solving criminal cases denouncements by the public prosecutions can be best seen in the graphic below: Municipal Prosecutors efficiency in resolving criminal charges MPP - et Prishtinë Average Avarage MPP - Gjilan MPP - Prizren MPP - Pejë MPP - Gjakovë MPP - Ferizaj MPP - Prishtinë Avarage MPP - Mitrovicë District Prosecutors efficiency in resolving criminal charges DPP - Gjilan Average Avarage DPP - Gjilan DPP - Prizren DPP - Pejë DPP - Mitrovicë DPP - Prishtinë Avarage Prokuroria Speciale 21

23 The scope of criminal charges by region I-range of criminal charges for major perpetrators of criminal acts by region The number of criminal charges for adult offenders in 2009 The number of criminal charges for adult offenders in 100,000 inhabitants in 2009 The number of criminal charges for minor offenders in 2009 The number of criminal charges for minor offenders to 100,000 inhabitants in 2009 The number of criminal charges for unknown perpetrators in 2009 The number of criminal charges for unknown perpetrators in 100,000 inhabitants in Number of residents under evaluation by the Statistical Office of Kosovo PMP - Gjilan PMP - Prizren PMP - Pejë PMP - Gjakovë PMP - Prishtinë PMP Ferizaj PMP - Mitrovicë Total (8) DPP - Gjilan DPP - Prizren DPP - Pejë DPP - Prishtinë DPP - Mitrovicë Total (9) 8) The total number of residents have been asced by the evaluation SOK for resident. 9) The number of inhabitants of Mitrovica has come down from the total number of inhabitants of the Republic of Kosovo. 22

24 -I-range of criminal charges for major perpetrators of criminal acts by region During 2009, the Public Prosecutor of the Republic of Kosovo, for every hundred thousand people on average have accepted 856 criminal charges or 9.0% less than in the previous year. The largest number of major perpetrators of criminal acts in the reporting year of MPP was in Gjilan, 1233 denouncements in hundred thousand inhabitants, in Peja MPP in hundred thousand inhabitants were 892 criminal charges of major perpetrators in hundred thousand resident, MPP in Prizren has had 842 criminal charges of major perpetrators in hundred thousand inhabitants, MPP of Prishtina has received 708 denouncements for the major perpetrators of criminal acts and the MPP of Gjakova had the lowest number of major perpetrators of criminal acts charges in 545 charges in hundred thousand inhabitants. It is interesting to note that in reporting year, in Pristina MPP were received less criminal charges in a hundred thousand inhabitants than in MPP Gjilan, for 525 criminal charges. As far as for major perpetrators of criminal acts, in reporting year, generally in all District Public Prosecutions of the Republic of Kosovo, on the average of one hundred thousand inhabitants were solved 111 criminal charges. Largest number of adult perpetrators of criminal acts were received in DPP in Prishtina in one hundred thousand inhabitants there were 130 criminal charges in or 17.1% above the average of Kosovo, Peja DPP had114 denouncements for criminal charges for adult offenders in hundred thousand inhabitants, in Gjilan DPP had 109 criminal charges of adult perpetrators in hundred thousand inhabitants and DPP-Prizren has had the lowest number of major perpetrators of criminal acts in a hundred thousand resident 72 or 35 criminal charges, 1% below the average of Kosovo. In the chart below are presented data on the average number of criminal charges in a hundred thousand residents in The data shows that in average 856 hundred people received criminal charges (without Mitrovica). Recent data from the UN, Bulgaria has had 1779 criminal charges in hundred thousand people, Slovenia has had 3614, Hungary 4445 criminal charges, and the Republic of Croatia in 2008 had 1933 criminal charges in one hundred thousand inhabitants. Compared to the average criminal denouncements received in one hundred thousand inhabitants in the Republic of Kosovo, the countries mentioned, the crime rate in Kosovo is not bad. The scope of criminal charges for adult perpetrators of criminal acts reflected graphically looks as follows: 23

25 The scope of criminal charges for the matured MPP - Prishtinë Total DPP - Mitrov Total MPP - Gjilan MPP - Prizren MPP - Pejë MPP - Gjakovë MPP - Prishtinë MPP- Ferizaj MPP - Mitrovicë Total 0 DPP - Gjilan DPP - Prizren DPP - Pejë DPP - Prishtinë DPP - Mitrovicë Total -II-Scope of criminal charges of juvenile perpetrators of criminal acts by region Municipal Public Prosecutors of the Republic of Kosovo, have admitted 80 criminal charges in juvenile perpetrators in a hundred thousand inhabitants. Largest number of criminal charges for the perpetrators of minor crimes in a hundred thousand inhabitants, in reporting year has had the MPP of Gjilan, 165 criminal charges or denouncements in average of 85 and MPP in Ferizaj Kosovo had 111 criminal charges or 31 in hundred thousand inhabitants or denouncements on the Kosovo average. MPP of Prizren has had 79 criminal charges in hundred thousand people for juvenile perpetrators, or has received almost the same number with an average of Kosovo (79 criminal charges). MPP-Pristina has received the lowest number of juvenile perpetrators of criminal acts in the hundred thousand people or 55 criminal charges 25 charges below the average of Kosovo. Peja MPP received 61 denouncements in hundred thousand inhabitants of Kosovo or 19 denouncements below the average and the MPP in Gjakova has had 76 criminal charges in hundred thousand inhabitants or 4 denouncements under the Kosovo average. As for criminal charges of juvenile perpetrators of competence of DPP in a hundred thousand people at the Republic of Kosova were received 11 criminal charges. Largest number of perpetrators of criminal charges in juvenile in hundred thousand people were received in DPP- Gjilan,15 criminal charges or 4 charges more than the average of Kosovo denouncement. DPP in Pristina, has received in hundred thousand residents 13 criminal charges of alleged minor perpetrators or 2 denouncements below the Kosovo average, while DPP-Prizren has received 7 denouncements for juvenile perpetrators of criminal charges or 4 charges in hundred thousand inhabitant under the average of Kosovo. DPP Peja has received 8 criminal charges of juvenile perpetrators or 3 denouncements below average in Kosovo. The indicators mentioned above show that the institutions that deal with criminality of minors - Police, Prosecutors and other institutions in their work to prevent crime, in the future should focus their attention more in Gjilan region and Ferizaj region. 24

26 The scope of criminal charges for juvenile perpetrators of criminal acts in a hundred thousand inhabitants, reflected graphically looks as follows: MPP Total DPP - M Total MPP - Gjilan MPP - Prizren MPP - Pejë MPP - Gjakovë MPP - Prishtinë MPP- Ferizaj MPP - Mitrovicë Total 0 DPP - Gjilan DPP - Prizren DPP - Pejë DPP - Prishtinë DPP - Mitrovicë Total -III-Scope of the unknown perpetrators of criminal charges by region At the level of the Republic of Kosovo, in 2009 were received an average of 648 criminal charges in one hundred thousand inhabitants of unknown perpetrators of criminal acts. Gjakova-MPP has received the largest number of criminal charges against unknown perpetrators of criminal acts in a hundred thousand inhabitants, 822 criminal charges or 174 denouncements above the average of Kosovo. In Pristina MPP, were received 812 charges for the unknown perpetrators per hundred thousand inhabitants or 164 denouncements above the average of Kosovo, MPP, in Gjilan were received 716 in hundred thousand inhabitants against the unknown perpetrators of criminal acts or 68 above the average and the MPP in Ferizaj were received 622 criminal charges against unknown perpetrators in hundred thousand people or 14 charges above the Kosovo average. MPP-Prizren has received the smallest number of criminal charges for the unknown perpetrators of criminal acts in a hundred thousand people or 224 criminal charges under the average of Kosovo, Peja MPP has received in a hundred thousand people 441 criminal charges of alleged unknown perpetrators-offenders or 207 charges below the Kosovo's average. District Public Prosecution at the Republic of Kosovo in 2008 has received 61 denouncements for the unknown perpetrators of criminal acts in hundred thousand people. The largest number of criminal charges of unknown perpetrators of criminal acts, in a hundred thousand inhabitants for DPP were received here in Pristina, 90 criminal charges of unknown perpetrators or 29 criminal charges over the Kosovo average. Other prosecutions in the reporting period, approximately in one hundred thousand inhabitants have received criminal charges against the unknown perpetrators which is under the Kosovo average. It is interesting to note that the MPP-s Gjakova and Pristina, in the reporting period, on average, have received the lowest number of criminal perpetrators denouncements of adult criminal charges 545 or 708 in hundred thousand inhabitants and in the same period, average have received the largest number of criminal charges of unknown perpetrators of criminal acts (822 or 812) criminal charges in a hundred thousand inhabitants. 25

27 This phenomenon should be given a paid a particular importance given the fact that is being repeated from year to year. The scope of criminal charges for the unknown perpetrators of criminal acts in one hundred thousand inhabitants reflected graphically looks as follows: MPP- Total DPP - Total MPP - Gjilan MPP - Prizren MPP - Pejë MPP - Gjakovë MPP - Prishtinë MPP- Ferizaj MPP - Mitrovicë Total DPP - Gjilan DPP - Prizren DPP - Pejë DPP - Prishtinë DPP - Mitrovicë Total PUBLIC PROSECUTIONS REPORT FOR THE ENVOLVED PERSONS IN COMITING CRIMINAL ACTS In 2009, the Public Prosecutors of the Republic of Kosovo (MPP-DPP and the Special Prosecution of the Republic of Kosovo) have received to work with criminal charges 39,504 33,445 individuals (adult perpetrators, minor and unknown perpetrators of criminal acts ). Structure of persons denounced (39,504), is as follows: 23,682 or 60.0% of the denouncements belong to adult perpetrators of criminal acts 2467 or 6.2% of the denouncements belong to juvenile perpetrators of criminal acts and 13,355 or 33.8% of denouncements belong to the unknown perpetrators of criminal acts. Out of the total number of suspected perpetrators of criminal conduct 39,504, 26,149 or 66.2% belong to the known perpetrators of criminal acts (adult and juvenile perpetrators of criminal acts) and 13,355 or 33.8% belong to unknown perpetrators of criminal charges. In 2009, compared with the previous year, the number of known perpetrators of criminal acts (Major and minor), was reduced to 2,441 persons or 8.5% while the number of unknown perpetrators in the reporting period, compared with the previous period has increased to 367 or 2.8% of criminal charges. 26

28 Structure of persons present (39,504) reflected graphically as follows: 33,8% Adult perpetrators Juvenile perpetrators Unknown perpetrators 6,2% 60,0% Having taken into account perpetrators denouncements of criminal acts which remain outstanding from previous year (2008) 7048 and denouncements received on the job in 2009, the MPP and DPP s work had a total of 34,685 denouncements for perpetrators (adult persons and juvenile) and 45,234 criminal cases for the unknown perpetrators denouncements for the criminal acts. The number of the unknown perpetrators of criminal acts in circumstances in which is the state of Kosovo is high (33.8%), but compared to the number of perpetrators for unknown perpetrators in the Republic of Croatia in 2008 (40.5%), it appears that the number of unknown perpetrators in the Republic of Kosovo is 6.7% or lower than in Croatia. ADULT CRIME COMMITTERS - BY PERSONS During 2009, the Municipal Public Prosecutions, District Public Prosecutions and Special Prosecution of the Republic of Kosovo, have had to work on a total of 30,730 cases, persons who were suspected of committing criminal acts. Out of the number of denouncements for adult perpetrators of criminal acts, which were processed, 7048 or 22.9% of the denouncements, people have not been solved from the previous year (2008), while 23,682 or 77.1% of the denouncements were received during the reporting year. During the reporting year the prosecutions solved 22,809 cases or 74.0% of cases received, and the unresolved remained 7982 persons or 26.0% of cases at work at the end of the period.. Out of the number of denouncements (people) at work, 23,952 or 78.0% of persons belong to the Municipal Public Prosecution, 5204 or 17.0% of denouncements belong to the District Public Prosecution and 1574 or 5.0% belong to cases of persons who are at work in SPRK. 27

29 Structure of the cases of persons being processed (30,730) is presented graphically as follows: 5,0% 5,0% 17,0% 17,0% MPP DPP SPRK 78,0% 78,0% Criminal denoncements for 22,809 adult perpetrators in the reporting period have been completed (solved) as follows: 1162 or 5.1% of criminal denouncements are solved by being sent to the jurisdiction; 2695 or 11.8% of criminal appearances (persons) have been resolved with the layout offense; 23 or 0.1% of the criminal charges were given up criminal cases prosecution; 8721 or 38.2% of criminal appearances are solve with proposed charges; 5171 or 22.7% of criminal charges are resolved with a proposed accusation by issuing punishment order a criminal order 2893 or 12.7% of criminal denouncements are solved by direct indictment; 147 or 0.6% of the criminal charges are resolved in other ways. 28

30 Based on the way of resolving the submissions for the minor and major perpetrators of criminal acts, Municipal Public Prosecution, District Public Prosecution and Special Prosecution of the Republic of Kosovo, in 2009, have come up with these decisions: Criminal report lay out or % ; Direct accusation (deserved verdict) 16,785 or 73.6%; Decision after investigation procedure 1997 or 8.8% and Solved in other ways 5.8% in 1332 or 10 Decisions of Public Prosecutor look graphically as follows: 8,8% 5,8% 11,8% Criminal report rejection Direct accusation Decision after procedural investigation Solved in other ways 73,6% Compared to the number of cases of persons who s cases are solved by laying out the criminal charges 11.8% as it was in 2009, the number of laid out (13.1%) as it was in 2008, it appears that the number of lay outs in criminal charges in the reporting year is smaller than in the previous year for 1.3%. Comparing the number of lay outs for the criminal denouncements (11.8%) that was in the Republic of Kosovo in 2009, with the number of lay outs for criminal charges in the Republic of Croatia in 2008 (37.8%), it appears that prosecutors in Kosovo were much more efficient in the offense denouncements decision comparing to the prosecutors of Croatia. Whether is right to have such a small scale of lay out cases (11.8%), remains to be examined by the prosecution of higher bodies. Throwing away of denouncements in most cases can be explained with the fact that many times people submit criminal denouncements, even though they have no legal basis. The reason for the offense denouncements is the inadequate protection of the rights in other institutions, namely the impossibility of achieving more effective human rights in other ways. Number of criminal charges that are determined by merit decision of prosecutors (73.6%) is almost the same (an increase of 0.6%) compared to 2008, where by the decision merit were solved (73.0 %) of criminal charges. In the Republic of Croatia in 2008, 52.9% of criminal charges were finalized by the decision merit of prosecutors. 10) Criminal Denouncements unification 29

31 According to the data mentioned above is shown out that there is still a large number of criminal denouncements which are resolved by a merit way (73.6%) and compared with the Republic of Croatia, it appears that the resolution of criminal charges by merit is 20,7% higher than in Croatia. When it comes to solving criminal charges with the merit decision, it is worth noting out the proposed charges for issuing an order for the penalty provided in article 476 of the PCCK. "For the offenses for whom it is foreseen a fine or imprisonment up to three years for which the Public Prosecutor is informed on the basis of reliable evidence from criminal report form, the public prosecutor may request the proposed charges to the court to impose order penalty, in which the accused will impose appropriate punishment without a judicial hold. Municipal Public Prosecutions, by using the proposed charges to the proposal to issue a penal order, actually dismiss the Municipal Court from the large number of cases. Public Prosecutor in the proposed charge may ask the court to impose punitive order in which the accused will be imposed a penalty without a judicial review. In these cases, if the legal requirement is met, the court pronounces the judgment order, the penalty and if the defendant presents no conflict, the criminal procedure ends up. According to the research that we have done in Kamenica Municipal Court in 2009 which one has solved 102 criminal charges with the approval of the proposed penalty order, which in the meantime has received 28 objections, we concluded that the 72.7% of the punitive orders data were not presented by the defendants. During the year 2009 in Kosovo, by the proposed charge for providing penal order were resolved 5171 or 22.7% of the criminal charges allegations show that for 4514 persons were resolved by a verdict for adult accused without judicial review. In 2009, the prosecution solved 2.8% criminal denouncements more than in 2008 If every penal sentence order would be approximately 200 euros, then in 2009, in the budget of the Republic of Kosovo would have been deposited euro. Penalty order would apply even more if it were not obstacles in the level (highness) of criminal sanctions that may be imposed (a fine and imprisonment for up to 3 years). But this year, public prosecution by investigation resolved 1997 or 8.8% of criminal denouncements, compared to the year 2008, the number of criminal denouncements resolved with an investigation is reduced to 0.8%. In 2008 the Republic of Croatia has solved 9.3% of denouncements with criminal investigation, this means that the prosecutions of Kosovo, have solved the denouncements with criminal investigation for 0.5% less than Croatia. In the reporting year, 1332 or 5.8% of criminal charges are otherwise solved (sending jurisdiction, unification and giving up procedures from prosecution side). The resolution of criminal charges in this way in the reporting year is exaggerated compared with the previous year for 1.6%. In 2009, the Public Prosecutions of the Republic of Kosovo, resolved in 1168 or 4.9% less than in criminal charges in

32 THE PROCEDURE FOR THE INDICEMENT CONFIRMATION When the judge of pre-trial procedure consideres that the prosecutor's indictment meets the requirements of Article 305 of PCCK, than he/she determines the session to confirm the indictment. During the reporting year, the Municipal Public Prosecutions, District Public Prosecutions and Special Prosecutions of the Republic of Kosovo, have filed 4434 indictments (direct and after the investigation charges). Municipal and District Courts, during 2009, in the indictment confirmation hearings have examined the 3298 indictments or 74.4% of the indictments filed. In reporting year the courts were efficient, because in that year 36.6% cases were examined more than in the previous year. In the procedure of confirmation of the indictment, the courts have taken the following decisions: 46 or 1.4% of indictment were sent back to the prosecutor for completion; 284 or 8.6%, the indictments are laid out 90.0% or 2968 indictment have been confirmed. Public Prosecutions of the Republic of Kosovo, in the reporting period were more qualitative in terms of establishing indictments, for 90.0% of the filed indictments were confirmed in the preliminary procedure, whereas in the previous year 88.7% indictment raised were confirmed. Decisions of the judges for pre-trial procedure reported graphically, is as it follows: 1,4% 8,6% Send back indictment Indictment rejected Indictment confirmed 90,0% 31