Legal comparison of the Kosovo and Austrian Criminal Law System with a special emphasis on diversity measures
| Author | Islam Qerimi |
| Position | University of Mitrovica 'Isa Boletini |
| Pages | 248-259 |
Vol. 3 No. 1
January, 2019
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
ISSN 2519-1284
Acces online at www.iipccl.org
248
Legal comparison of the Kosovo and Austrian Criminal Law System with a
special emphasis on diversity measures
Prof. ass. Dr. Islam Qerimi
University of Mitrovica "Isa Boletini"
Introduction
Object of this study, is a brief description and analysis of diversity measures in in comparative
criminal law between the Kosovo and Austrian system. More specifi cally these measures will
be analyzed within the criminal law area. The focus on diversity measures will extend on
conditions of their application, types, categories of criminal o ences to which these measures
are applied to, as well as main e ects of their application. The reason for such a comparison
is the fact that Austria is taken as a model while se ing norms and applying1 these optional
measures in relation to imposing classical sentences and that stands not for Kosovo only, but
also for many other Western states that have an advanced criminal law system. Main aim of
this manuscript is to include in the Kosovo criminal law system, a strong legal framework
about the legal category of diversity measures. Based on this framework it would be possible
to use extrajudicial practices to solve disputes in the Kosovo society from minor up to medium
scale criminal o ences. This legal comparison is mainly based on the wri en university
literature that relates to the criminal laws of both compared states. Legal acts as well as legal
practices of diversity measures, of both states, have been consulted. This manuscript is based
on the comparative „Micro-legal“ model of the Max Rheinstein (1987). With such a micro-legal
comparison we want to „assess issues that are based on the single treatment of one phenomena or
confl ict with a special interest on various legal systems“.
Keywords: Kosovo, Austria, Criminal law, diversity measures.
Introduction
The term diversity measures derives from the word „Diversion“, the source of which
is the Latin verb „ divertere“ (Dimaichner, 1990, 17) which in English has also these
meanings „avoidance“, „deviation“, „declination“ or even „something di erent“. In the
legal aspect this name results with avoidance of regular court procedures developed
by state prosecution and courts, toward people in confl ict with the criminal code and
other criminal laws in force, displacing them to extrajudicial procedures. Diversity
measures are included in the so called “Alternative Dispute Resolution“ (ADR),
category, presented for the fi rst time in the `60s in USA aimed at extrajudicial solutions
for disputes of juveniles (Dimaichner, 1990, 28). These measures were foreseen for
the category of „ less risky“juveniles for which there is no need to apply repressive
measures (Ludwig, 1989, 43). Disputes of such social values risk level were solved at
the site (event), by police, in an extrajudicial way, leaving aside all procedural actions.
Since `80s these optional measures of sanctions included in the Criminal Law were
fi rstly applied in Great Britain, and a er that in Germany (Heinz & Storz, 1994, 9).
These were applied as a reaction toward delinquent juveniles through projects for the
enforcement of diversity measures and options of classic sanctions.
1 Approx. 50 000 diversity measures toward perpetrators are applied on yearly basis in Austria.
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