Criminal Law (Books and Journals)
- El derecho penal armonizado de la Unión Europea by: Dykinson, 2014
- Direito Penal Europeu by: JH Mizuno, 2007
- Proyecto alternativo de persecución penal europea by: Dykinson, 2007
- El fraude de subvenciones de la Unión Europea by: Dykinson, 2005
- Cuestiones del Derecho Penal europeo by: Dykinson, 2005
- Sistemas de proceso penal en Europa by: Cedecs, 1998
Amendments in criminal legislation - Cause of the global pandemic
The purpose of this paper is to analyze the need for identification and the extent to which the intervention of the legislator was necessary to undertake amendment in the Criminal Code. The analysis begins with a description of the need and follow-up of its process from the initial draft to its approval by law no. 35/2020 “On some additions and amendments to the law no. 7895, dated 27.1.1995, “Cri
Fighting corruption by justice authorities in Prizren
Corruption is the use and abuse of public power for private purposes manifested in various ways. The most common are fraud, bribery, nepotism, abuse, favoritism, etc. As a negative phenomenon of society,it is widespread in all countries of the world, but the rate of its rise differs. Corruption is more widespread in Southeast Europe and especially in the Western Balkans where we also are an...
History of the criminal accusation process. Synthesis of the development of criminal charges in time and space
In order to completely understand the prosecution in a criminal case, it is necessary to analyze its development in time, presenting at the same time its characteristics in different parts of the world. This component of a criminal process has experienced numerous changes from ancient times until nowadays. Such changes have been simulated by the developments of the organizing and functioning of...
Some basic features of major penalties under the criminal code of the Republic of Kosovo
Criminality in any society is a negative social and individual phenomenon with consequences for the individual in particular and society in general.Considering the severity and consequences of crime, any organized society takes measures to prevent and fight it. Such measures are of preventive and repressive character. In this plan Kosovo too, with its criminal legislation, takes measures to...
Some measures for the advancement of the punitive policy against criminality
Criminality as a negative social phenomenon results in consequences for the society and the citizen. Through state-owned institutional mechanisms the society takes measures to prevent and combat criminality. The measures are numerous and diverse, ranging from those of preventative educational character to repressive and sanctioning measures. The bodies that take these measures are diverse,...
Fair trial based on penal legislation of Kosovo
Fair trial is the main principle or as is oft en said principle above principles on penal procedure. This principle is based on respecting basic human rights and freedom towards defendant in penal procedure. The presumption of innocence, publicity of trial, right to protection, trial in reasonable time are some of the rights that are guaranteed to defendant on penal procedure by European...
Alternative sanctions of imprisonment sentences and their contemporary tendencies
Alternative punishments represent a mirror of the spirit based on which both foundations of the criminal justice and sentence system was built. The later come as a result of the implementation of contemporary trends in penal rights and constitute a very important qualitative reform in the concept and system of penal sanctions. Their scope can be considered as broadly diverse and very resourceful.
Illegal logging and its effects on law on forestry
Forests become the national development capital that can provide benefits for life and livelihood of Indonesia, either ecological, socio-cultural and economic benefits in a balanced way and dynamically. In that opinion, the forest must be taken care, managed, protected and utilized continuously for the welfare of Indonesian society, both present, and future generations. In order to realize it,...
Consequences of Criminals in Economy
The criminal in all its forms is not an occurrence which is connected to a particular country, territory, religion or civilisation; however the truth witnessed by events in every moment is that the occurrence of criminal activities does not have a nation, confession, religious beliefs or identity. They are initiated by the hands of the individual who plans it, especially emphasizing the ones who...
Anti-bribery control and incentives as agency theory approaches
This article takes an agency theory approach towards bribery in multinational corporations. In particular, it is advocated that incentives could help to align the interests of principals and agents and reduce information asymmetries. This could help to increase anti-bribery compliance and hence support the fight against corruption in Eastern Europe. Keywords: Bribery, Corruption, Agency Theory,...
Special methods of investigation against organized crime
International criminal organizations, more and more are using sophisticated communication and action techniques. In many instances of organized crime, for example in corruption, human beings trafficking, narcotics, etc., there is no proof of evidence. These crimes are "without victims" or "without witnesses" and their reporting is rare. Traditional investigative methods and...
The principle of legality in criminal law in the Republic of Albania
The criminal law of every democratic state is based on several principles which constitute the pillars of its existence, because they serve as a guarantee for the protection and guarantee of rights and freedoms. One of these principles is the principle of legality, known in Latin with the term “Nullum crimen, nulla poena sine lege”. The recognition and prediction of this fundamental principle of...
Modus operandi of migrant smuggling
Migrations and the movements that are provided by this phenomenon can be an important factor in the field of general safety because the phenomenon of migration can cause some emergent and structural changes in the criminal activities of a certain area in a certain period of time. The main field of this paper is to emphasize the security aspects and consequences arising from migratory movements,...
Technical records as material evidence in criminal proceedings
Nowadays, with the aid of technical records - recordings (audio, visual or combined audiovisual) events and occurrences can be registered in the outside world in detail. The recording enables the creator or anyone who has it in disposal that at any moment of its reproduction, it can be found in detail how the recorded event has happened or how an occurrence seemed at the time of the recording....
Warranties of Albanian criminal law for children protection from 'pornography'
This paper will focus on the Analysis of current Albanian Criminal Law regarding criminal acts of pornography. This paper will analyze Albanian Criminal Law, under the perspective of the Convention on the Rights of the Child, to reflect the alignment of criminal law with Convention, as a minimum guarantee to be provided by the States. Another element of this paper is the approach of criminal law...
Failure to report a crime and its problems in Albania
Crime being a social and economic phenomenon constitutes a serious threat to democratic values, not just one country or region, but beyond. Its prevention and detection constitutes the most important challenge dealing with the criminal investigation organs, where the underlying investigative process at any time should remain the utmost respect for human rights, particularly care to crime victims.
Warranties of Albanian criminal law for children protection from 'indecency offences' and the Albanian judicial practice
This paper will focus on criminal acts of child sexual abuse (sexual offenses). In particular, will be analyzed the category of obscenity as a crime (lat. luksuri). This work will be analyzed under the perspective of the Convention on the Rights of the Child, to reflect the alignment of Albanian criminal law with the Convention, as a minimum guarantee to be provided by the States. Special...
Terrorism as a notion and source of international law in the context of Albania
Recently the world has become more uncertain by the terrorist acts of the Islamic State of ISIS, who attacked the center of Europe (Brussels, Paris) and attacks almost every day in Turkey, Iraq, Syria, Yemen, Oman, North Africa, and the latest case in Orlando, Florida in the US, leaving behind many victims and bringing panic, fear, uncertainty and significant economical damages. The Islamic state
Causes of organized crime in the Balkans
Legal systems are put in jeopardy and social stability wherever there are organized criminal activities. In the Balkans, organized crime is the main obstacle to the European integration of the region. The permanent influence of organized crime in the state structures, the cooperation between different criminal organizations and especially their collaboration with some extremist group’s impacts...
The justice system for the juveniles Juveniles adjudicated for the criminal act of 'theft' in Albania
The juvenile justice system in Albania has improved from year to year but slow movements are done in improving the whole system for the implementation of the guarantees prescribed in international acts and Albanian legislation. This article, is aiming to offer some opinions related to the justice system for the juveniles based on the statistical and qualitative data regarding the criminal policy...
Postponement of the commencement of execution of sentence of imprisonment in Kosovo
In this manuscript we have analyzed the issue of postponement of the commencement of execution of sentence of imprisonment, using theoretical and practical sources. In this perspective the Law on Execution of Criminal Sanction (in continuation LECS), Law no. 04 / L-149, dated 29.7.2013, Law no. 03 / L-191, Regulation 2004/46, Law on Execution of Criminal Sanctions of Kosovo, Law on Execution of...
Some necessary criminalist methods for the investigation of aggravated murders
Crime is a negative, complex and dynamic occurrence that fits to the social changes. So in order to fight the crime and prevent it in society, it is very important to know some social disciplines which clearly help to understand the aim of this phenomenon. To reach this aim we must use different techniques which are based on the proceedings pair. The investigations are based on the scene,...
The dynamics of the spread and extent of criminality in Kosovo 2011 - 2014
Criminality as social complex phenomenon can be characterized from different points of view, among which the most important are: volume, structure, tendencies and its dynamics. The criminal behaviour as individual phenomenon or criminality as massive phenomenon, from the scientific point of view, is studied today from a range of disciplines of social, natural and humanitarian sciences. Debates...
Figures of criminal offences that are committed through mass media
The rapid development of information technology created endless possibilities for the information and communication between people in the world. This made possible that within few seconds information could be elaborated. In the meantime that freedom of speech and opinion are protected with all international conventions and laws, this freedom and together with it also the possibilities and actual...
Elements of the terrorism reviewed through instrumentum operandi, organizational setup and phases of realization of the terrorist act
Terrorism is a global threat to all countries regardless their social, economic and religious setting. For the realization of their activities, terrorists use different models. As funds for realization of the terrorist act they use different types of weapons, mainly firearms. Terrorist organizations that practice modern forms of terrorism also use weapons of mass destruction. According to that,...
Illegal Serbian Structures in the Republic of Kosovo Why these structures are illegal and not paralel?
This paper argues that Serb structures, operating in Kosovo after the forced withdrawal under NATO intervention of Serb-Yugoslav mechanisms of power from Kosovo in June 1999 which marks the end of the war and at the same time the beginning of a new process of peace building, do not represent parallel structures, rather they represent illegal structures. This paper argues that these kinds of...
The Cost-Saving Effect of a Centralized Unit for Anticancer Drugs Processing at the Oncology Department of Tirana
The worldwide increase in cancer prevalence has led to a substantial cost rising in Medical Oncology. Of particular importance are highly expensive drugs used to treat various types of cancers in developing countries like Albania. Hence, pharmacoeconomics may play an important role in reducing the drug wastage and financial burden placed on patients, family and society in general; of course,...
The criminalist processing of murders
The murders present a negative phenomenon that suffocate efforts of the citizens of the Republic of Kosovo to ensure a better and safer life. Based on the developments of events and overall mainstreams as well as the situation regarding the security phenomenon in Kosovo, this paper can also be considered as an effort to give contribution in finding appropriate measures of prosecution bodies, as...
Review of confiscation decisions under the Anti-mafia Law-preventive procedure
The review of final decisions is regarded as an unusual means of appeal aimed at countering a final decision that is considered adjudicated (res judicata). This means of appeal has been provided for in the European Convention on Human Rights, the Constitution of Albania, and the national laws of the Albanian state. Thus, at first sight, the review seems to be in contravention of Article 4 and 34...
Analysis of the statistical data of illegal trade with narcotic substances in Macedonia in the Period 2005-2012
As a negative phenomenon, drug addiction appears already a big problem in modern world. Narcotic substances have affected the Republic of Macedonia and just like in other countries, every day users have increased. Today in the world of narcotics abuse has taken a big trend that has initiated a whole chain of criminality, which on one side has increased the number of drug addicts in the search for