Alternative punishments a novelty to the Criminal Code of the Republic of Kosovo

• Author: Resmi Hoxha
• Pages: 257-263

257

ISSN 2410-759X

Acces online at www.iipccl.org

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Tirana-Albania Vol. 2 No. 1

May, 2016

Alternative punishments a novelty to the Criminal Code of the Republic

of Kosovo

PhD (C.) Resmi Hoxha

Abstract

The Republic of Kosovo, although new in terms of statehood, has a very interesting

course in terms of legislation and criminal institutions, which within itself include acts

and institutions within the former Yugoslavia, Serbia, the UN protectorate and finally

after declaring independence, also the legislation and institutions of the Republic of

Kosovo.

After the war in 1999, a mixture of legal acts from the former Yugoslavia and acts issued

by UNMIK existed in Kosovo. Now, five years after the declaration of independence,

Kosovo has vowed to pursue its path towards the EU, which has prompted the legislation

in Kosovo to develop rapidly in order to meet international standards for an accession to

EU and other international structures.

It is worth noting that the new Criminal Code of Kosovo is of particular importance for

the justice system in Kosovo and the perpetrators of criminal offenses that are not severe,

because as a novelty, it provides for alternative punishments such as:

- Suspended sentence,

- Semi-liberty, and

- An order for community service work.

While the same Article, in paragraph 2, stipulates that when imposing a suspended

sentence, the court may also impose:

- An order for mandatory rehabilitation treatment; and

- An order for supervision by the probation service.

These punishments enable the perpetrator of the criminal offense to not end up in prison,

but to be granted with an opportunity to realize their mistake and not repeat it in the

future. Furthermore, an alternative punishment is a punishment which in material terms

costs less to the society and the state.

Keywords: Kosovo, Legislation, Institution, Constitution, Laws.

Alternative Punishments – a novelty to Criminal Code of Kosovo

Alternative punishments are envisaged as novelties in the framework of the new

Criminal Code of Kosovo. Article 49, paragraph 1, of this Code, describes the

alternative punishments and types of alternative punishments. According to this

article alternative punishments are:

-Suspended sentence,

-Semi-liberty, and

-An order for community service work.

While the same Article, in paragraph 2, stipulates that when imposing a suspended sentence,

the court may also impose:

-An order for mandatory rehabilitation treatment; and

-An order for supervision by the probation service.1

1. Suspended sentence

The purpose of the suspended sentence is to not impose a punishment for a criminal

1The Criminal Code of the Republic of Kosovo, no. 04 & L-82, 2 April 2012, article no. 49, paragraph 1 and 2