CRIMINAL OFFENCES - FORGERY OF DOCUMENTS IN THE TERRITORY OF THE MUNICIPAL COURT OF SUHAREKA DURING THE PERIOD OF 2004/1012

Transcription

1 FACULTY OF LAW DEPARTMENT: CRIMINAL LAW MASTER STUDIES CRIMINAL OFFENCES - FORGERY OF DOCUMENTS IN THE TERRITORY OF THE MUNICIPAL COURT OF SUHAREKA DURING THE PERIOD OF 2004/1012 Mentor: Prof. ass. Dr. Lulzim TAFA Candidate: Liridon VESELAJ Prishtine, 2015

2 CONTENT INTRODUCTION... Object of study... Methodology of work... Systematization of the paper work... CHAPTER I 1. CRIMINAL LAW OVERVIEW OF THE CRIMINAL OFFENCE - FORGERY OF DOCUMENTS Meaning and characteristics of the criminal offence forgery of documents Criminal offence forgery of documents Compilation of the forged document Change of the original document... CHAPTER II 2. FORGERY OF DOCUMENTS ACCORDING TO CRIMINAL LEGISLATIONS OF SOME COUNTRIES Forgery of documents according to the Penal Code of Kosovo Forgery of documents according to the Penal Code of Republic of Albania Forgery of documents according to the Penal Code of Montenegro Forgery of documents according to the Penal Code of Republic of Croatia... CHAPTER III 3. CHARACTERISTICS Some phenomenological characteristics of the forgery of documents in the territory of the Basic Court in Prizren Suhareka branch Volume of the criminal offence forgery of documents Place of criminal offence s execution forgery of documents Time of criminal offence s execution forgery of documents Age of perpetrators Identity document and passport Car documents Banknotes (money)... CHAPTER IV

3 4. Some of the factors that cause the appearance of the criminal offence forgery of documents Objective factors Subjective factors... CHAPTER V 5. Punitive policy towards the criminal offence forgery of documents in the territory of the Basic Court in Prizren Suhareka branch, during the period of Implementation of penalties Implementation of prison sentence Implementation of fine penalty Implementation of additional sentence Implementation of mitigation of sentence Punished before Facilitating and aggravating circumstances Facilitating circumstances Aggravating circumstances... CHAPTER VI 6. METHODS Method of finding out the criminal offence forgery of documents Graphic examination (of writing) Expertise of writing... Conclusion... Recommendations... Annexes... From the court practice... Bibliography...

4 INTRODUCTION The aim of this master thesis is to investigate cases of different documents forgeries in the Municipal Court in Suharekë, but also to explore different region cases. The focus of this work will be the identification of types of forged documents, also the pronounced penalties during the time/period 2004/12 in the Municipal Court in Suharekë, by dividing them in different documents, such as: passport, identifying documents and other possible documents for forgery. Within this paper work, we studies and searched about the criminal offence forgery of documents in the field of rating of juridical-positive incrimination, of the discovery and prosecution of the perpetrators of this criminal offence, and the pronunciation of sanctions towards them. The study of this criminal offence is of a special importance for society, to understand as fully as possible the criminal law measures and other activities that the competent bodies undertake with the purpose of fight and prevention of this type of criminality. The forgery of documents causes harmful consequences for society and the individual, because it presents social risk, in the law circulation. During the research period, in the Municipal Court in Suharekë, there were being investigated 192 cases in total of the criminal offence forgery of documents, while using the statistical method. I have accurately notices the volume and dynamics of the criminal offence forgery of documents in the territory of the Municipal Court of Suhareka for the period that I have researched for. The use of the statistical method, has enabled me to study more deeply, collect and clear many data that deal with many phenomenological and etiological aspects of the criminal offence forgery of documents, which have reflected the state, process and the structure of the perpetrators of this criminal offence. The dynamic and complex phenomenon of the forgery of documents, which follows the human society since its beginning, can successfully confront only with an adequate mechanism of discovery, prevention and fight. One of the most important parts of this mechanism is the study of the criminal offence. Investigation, trial and prevention of criminal offences can successfully be done only when the penal code and penal procedure is respected, it is conducted with the implementation of methods and technical tools. Different from the legislation that foresees the criminal offence forgery of documents, valuable papers, in criminology this criminal offence considers a different terminology and more refined classification of forms of forgeries. The most common motivation of executing forgery is envy for money, desire to be promoted in the working place, meanwhile political motivations are rare. Motivation and purposes can be different, they don t matter for the juridical quality of these crimes. Like forgery, so as the use of seals, stamps or forged forms, are punished the same from the same criminal pre-provision. Taking into consideration the fact that the punitive policy of courts, presents the most important issue, in this paper an important attention is dedicated to the punitive policy in the field of the implementation of criminal

5 sanctions towards perpetrators of this criminal offence, by including all types of criminal sanctions. At last, there s the used literature for the preparation of this paper work, and the sources which I have been served with.

6 CONCLUSION The Republic of Kosovo is a new country in Europe with a fragile democracy with a considerable number of criminal because of unemployment, difficult conditions for life, etc. Our society has to work harder on the awareness of the perpetrators of these criminal offences. So we should be interested in a study and research for criminal offences forgery of documents in our territory. Institutions in the Republic of Kosovo rely their function on international standards, but practice shows that there s a lot to be done in the adequate and efficient maintenance of these institutions. Starting from the discussion and previous analysis we conclude that the Penal Code of the Republic of Kosovo in the definition of the criminal offence forgery of documents or criminal activity and regards to the criminal law elements of it, it s contemporary and in the same standards with international conventions and with the majority of penal codes, as to the subjective side, forms of execution from the objective side, qualitative circumstances and penal responsibility, while predicting in a clearer form that this crime is done in many forms, by including preparation activities, attempt and even collaboration, through influence, help or even within the criminal organization. The purpose of the activity of forgery of documents, awareness for the criminal origin of products must exist as important elements of the subjective side of this crime. The preventing measures differentiate from the penal measures of the fight towards the forgery of documents, even though they re often deeply connected. Differences mainly consist in the role and purpose that these measures have. Preventing measures have already shown that they re important for the discovery of the criminal activity of forgery of documents in the territory of Suharekë, they are more focused in the direction of preventing the misuse of state institutions, in official documents, passports, bills of exchange and different documents forgeries. Knowing that in the territory of the Municipality of Suharekë, a big part of the population live in the countries of EU, based on the latest statistic of the Office for Statistics of Kosovo, chances to forge documents could be bigger, but with the work and information by the police of Kosovo, this occurrence is increasing. Also, by being based on other results that are in the annex of this paper work, we can emphasize that the forgery of different documents in the territory of Suhareka isn t big and is always going into decrease. The forgery of travel documents, is concerning. The big unemployment in Kosovo can be a reason, and the forgery of travel documents has happened with the reason to travel in the countries of European Union for a better future. This concerning occurrence of exiting from Kosovo isn t only happening in the territory of Suhareka, but generally in Kosovo. Based on the data of the Office of European Union in Kosovo, it is said that EU has repeated that Kosovo has a clear European perspective along with all the countries of Balkan. EU remains determined to play the leading role in the assurance of stability of Kosovo through

7 the mission for law within the Policy of Safety and European Support, through the Special Representative and also contribution for the International Civil Office. The European Commission keeps Kosovo under surveillance in its effort for European reforms and offers help and recommendations; this also to achieve the purposes that the Council has determined in the European Partnership for Kosovo.

8 RECOMMENDATIONS Based on this study, which I have done in the Municipal Court in Suhareka for the period of , I have found some flaws. So with this I recommend that: - Relevant institutions to undertake the measures for preventing the occurrence for the forgery of documents; - Information by different tools by the competent bodies to the citizens of this territory and even wider; - As wide as possible information for the consequences of this criminal offence; - Different lectures in high schools around this phenomenon; Taking into consideration the circumstances of the execution of this criminal offence, age, sanctions that the court has pronounced, I generally think that the forgery of documents is increasing and the fight or prevention of this criminality by the competent bodies isn t pleasant, the new law in force has implemented more aggravating punishments for this criminal offence.