FACULTY OF LAW DEPARTMENT: CRIMINAL LAW MASTER STUDIES CONCEPT AND FUNCTION OF CRIMINAL SANCTIONS, CHARACTERISTICS, TYPES, SYSTEM AND THEIR EXECUTION IN THE MUNICIPAL COURT IN MALISHEVA, PERIOD 2007-2011 Mentor: Dr. sc. Lulzim TAFA Candidate: Liman JAVORI Prishtine, 2014
CONTENT INTRODUCTION... CHAPTER I 1. CONCEPT AND FUNCTION OF CRIMINAL SANCTIONS... 1.2 Basic characteristics of criminal sanctions... 1.3 Types of criminal sanctions in general... 1.4 System of criminal sanctions in the penal right of Kosovo... 2. Penalty concept of penalty... 2.1 Basic elements of penalty... 2.2 Main characteristics of penalty... 2.3 Juridical base of penalty... 2.4 Purpose of penalty... CHAPTER II 3. PURPOSE OF PENALY ACCORDING TO THE PENAL RIGHT OF KOSOVO... 3.1 Concept of the system of penalties... 3.2 Type of penalties... 3.3 Main penalties according to the Penal Code of Republic of Kosovo... 3.4 Alternative penalties... 3.5 Additional penalty... 3.6 Measurement of penalty... 3.7 Main penalties according to the Penal Code of Albania... 3.8 Additional penalties according to the Penal Code of Albania... CHAPTER III 4. EXECUTION OF CRIMINAL SANCTIONS ACCORDING TO THE LAW FOR THE EXECUTION OF CRIMINAL SANCTIONS OF KOSOVO... 4.1 Execution of decisions according to the Temporary Code of the Penal Procedure of Kosovo... 4.2 Execution of decisions according to the Code of the Penal Procedure of Albania... 4.3 Structure of bodies and main services on the execution of criminal sanctions in Kosovo in the subject of Penology...
4.4 Execution of criminal sanctions in the municipal court in Malisheva in the period of 2007-2011, statistical report of 2007 on the number of executed penal subjects in the 4.5 Execution of criminal sanctions in the municipal court in Malisheva in the period of 2007-2011, statistical report of 2008 on the number of executed penal subjects in the 4.6 Execution of criminal sanctions in the municipal court in Malisheva in the period of 2007-2011, statistical report of 2009 on the number of executed penal subjects in the 4.7 Execution of criminal sanctions in the municipal court in Malisheva in the period of 2007-2011, statistical report of 2010 on the number of executed penal subjects in the 4.8 Execution of criminal sanctions in the municipal court in Malisheva in the period of 2007-2011, statistical report of 2011 on the number of executed penal subjects in the CHAPTER IV 5. CONCEPT AND ELEMENTS OF PENALTY ACCORDING TO THE PENAL RIGHT OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA... 5.1 Juridical base of penalty according to the penal right of the Republic of Bosnia and Herzegovina... 5.2 Purpose of penalty according to the penal right of the Republic of Bosnia and Herzegovina... 5.3 Penalty system according to the penal right of the Republic of Bosnia and Herzegovina... 5.4 Concept of sanction according to the threads of the right... 5.5 Concept, function and system of criminal sanctions penal right, F.Hasani author... 5.6 Main characteristics of criminal sanctions... 5.7 Types of criminal sanctions in general... 5.8 System of criminal sanctions in the penal right of Kosovo... 5.9 Penalties according to the penal right... 5.10 Basic characteristics of penalty... 5.11 Juridical base of penalty... 5.12 Purpose of penalty... 5.13 Purpose of penalty according to the penal right of Kosovo... 5.14 Penalty system in the penalty right of Kosovo... CHAPTER V
6. DIVISION OF PENALTIES... 6.1.1 Main-primary penalties... 6.1.2 Additional penalties... 6.1.3 Alternative penalties... 6.1.4 Long term prison sentence... 6.1.5 Prison sentence... 6.1.6 Fine sentence... 6.1.7 Alternative penalties... 6.1.8 Additional penalties... 6.2 Concept and purpose of additional penalties... 6.3 System and type of additional penalties according to KPK... 6.3.1 Fine... 6.3.2 Removal of right to be selected... 6.3.3 Prohibition of the function of Public Administration... 6.3.4 Prohibition of profession, activity or duty... 6.3.5 Prohibition of riding a vehicle... 6.3.6 Driving license... 6.3.7 Taking the subject... 6.3.8 Command for publishing the judgment... 6.3.9 Expulsion of the foreigner from the territory of Kosovo... 6.4 Penalty measurement... 6.4.1 Legal measurement of penalty... 6.4.2 Judicial measurement of penalty... 6.4.3 Administrative measurement of penalty... 6.5 Legality of the pronunciation of penalty... 6.6 Individualization of penalty... 6.7 Facilitating and aggravating types and circumstances... 6.8 Mitigation of penalty... 6.9 Exemption from penalty... 6.10 Main characteristics of the execution of criminal sanctions... 6.11 Execution system of prison sentence... 6.12 Execution of the foreign penal judgment international penal right, I.Salihu author...
6.13 Law sources which refer to the judgment execution... 6.14 Basic conditions that must be fulfilled for the execution of the foreign penal judgment... 6.15 Execution procedure of the foreign penal judgment... CONCLUSION... LITERATURE...
INTRODUCTION The main issues of each penal right of each country, is the criminal offence, the perpetrator of the offence and the criminal sanction. These are in the epicentre of attention of the penal right and criminal policy. The criminal sanction is a main concern of the penal right, from he fact that in all cases when an individual commits a dangerou criminal offence, which is also unlawful and defined by law as a criminal offence and it is necessary that society takes punitive measures towrds the perpetrator, which aims to hamper the criminal offence to be repeated. In the penal right, measures that are taken toward the perpetrator of the criminal offence, are called criminal sanctions. Measures that are foreseen in the penal right, and which are pronounced to the perpetrator of the criminal offence, only aim to prevent the repetition of the commitment of the criminal offence and protection of society from criminality. The country that pretends to be democratic and human towards its citizens, must aim the prevention and eradiction of criminality and protection of citizens from criminality. Therefore, criminal sanctions are aggravating criminal law measures, which are pronounced to the perpetrator of the criminal offence for the commited criminal offence. Criminal sanction, is an element in itself and all the worl countries study and perfect it. All the countrie pronounce the criminal sanction to the perpetrator of the criminal offence, and execute it toward the perpetrator of the crimianl offence.
PURPOSE OF THIS MASTER THESIS I ve been determined in the theme above, with the aim to research on how the state is with criminal sanctions in Kosovo, regards to their pronunciation and execution. There s a deep study of criminal sanctions, concept, meaning, types and their execution, how the state is in practice, practice of Kosovo s institutions and on what sanctions are based, how the issue of the criminal sanction was regulated in the countrie of European Union, their necessity and importance. IMPORTANCE OF THEME Each day more, the world is developing and the free movement of people i s being developed each day more. Technology and people are commiting different criminal offences, and criminal offences are in increase, and those subjects must be solved because the perpetrators have to be punished and criminal sanctions have to be pronounced in proportion with the commited criminal offences. Counries must co-operate, in order to achieve the right result, and to compare criminal sanctions of Kosovo with the criminal sanctions of other countries. Expected results With this theme, I want to research and analyze the lw and factic situation of criminal sanctions in Kosovo and especially in the Municpial Court in Malishevë-period of 2007-2011.
CONCLUSION Criminal sanctions are criminal law violent measures, which are pronounced by the Court in defined law procedure, towards the perpetrator of the criminal offence, meanwhiles sanctions are executed after the final decision. The Penal Code of Kosovo deals with criminal sanctions,and for their execution, the Law for the Execution of Criminal Sanctions. Criminal sanctions that are foreseen in the criminal right, are forcing measures that are implemented by force and represent repressure towards the perpetrator of the criminal offence, where his rights, freedom and other important values get limited, such as the freedom of wealth movement etc., and in some countries where the death sentence of the perpetrator of the criminal offence is still valid. Criminal sanctions are basic issue of the criminal right and are in its epicentre, and this is the most dynamic part of this branch of the right, and during the history there have happened changes often in the criminal right, and these changes have been expressed in the field of criminal sanctions. These changes, have been expressed in the second half of the 20th century. In further development, these changed have expressed new tendencies and processes, which have influenced the contemporary legislation. New tendencies in the development of the criminal sanctions, have especially been expressed in these segments, placement of a new principle of society towards the perpetrator, for he not to be treated as an enemy of society, but with criminal law adequate treatment, to be back as an equal member and be useful for the society and in the prediction of alternative penalties and in the pronounciation of suspended sentence, and other variables with work, in general interests and in half freedom. In the field of the criminal right in general, and of criminal sanctions epecially, some principles are imposed, respect of right of the social - ethical postulates, legality, legitimacy, humanism, dignity and integrity of human. If these principles are respected, then we can affirm that the criminal right is successfully functioning. As from what was said, we come to the adequate definition of the criminal sanction, because it is a criminal law violent measure, which is pronounced by the court in defined law procedure towards the perpetrator of the criminal offence, with the purpose of the protection of society and individual from criminality, meanwhile it consists in take or limitation of freedom and defined rights or giving remarks to the perpetrator, if his rights will be taken or limited if he commits the criminal offence again. Criminal sanctions, as the most common and main tools of society s reaction towards the criminality, consist of these characteristics:
a. By the criminal sanctions, society protects from criminality the most important values of the individual and social community. b. Criminal sanctions can only be pronounced to the perpetrators of the criminal offences. c. Towards the perpetrators, only criminal sanctions that are foreseen with law in the moment of criminal offence s execution. ç. Criminal sanctions can only be pronounced by the court based on the procedure foreseen with law, which is most guaranteed for fair judgment. d. By criminal sanctions, the perpetrators s freedom and rights get limited, even the lightest sanctions represent a bad occurrence that happens to the perpetrator of the criminal offence. In the criminal rights of contemporary countries in general are known criminal sanctions, which are: main penalties, alternative penalties, additional penalties, safety measures, education measures, supsended sentence and judicial remarks. Meanwhile, according to section 3, of the Penal Code of Kosovo, fourt types of criminal sanctions were foreseen, which are: 1. Main penalties, 2. Alternative penalties, 3. Additional sentences, 4. Judicial remarks. There are also some types and measures of criminal sanctions towards juveniles. The Criminal Law for juveniles, towards the perpetrators of criminal offences of this category, can be pronounced the diverity measures, education measures, fines, community work in general use, prison sentence for juveniles, suspended sentence, additional penalty and obliged treatment measures.