Some basic features of major penalties under the criminal code of the Republic of Kosovo

• Author: Ali Bajgora
• Position: European College of Kosovo
• Pages: 85-94

Vo

l. 4 N

o

. 2

Jul

y

, 201

8

ISS

N 2410-391

8

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cces on

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ine at www.ii

p

cc

l

.or

g

85

A

cademic Journal o

f

Business,

A

dministration, Law and Social Sciences

II

PCCL Publishin

g

, Graz-

A

ustria

Some basic features of ma

j

or penalties under the criminal code of the

R

e

p

ublic of Kosov

o

Prof. Dr. Ali Ba

j

gor

a

E

uropean College o

f

Kosov

o

Ab

str

a

ct

C

riminality in any society is a negative social and individual phenomenon with consequences

f

or the individual in particular and society in general.Considering the severity and

c

onsequences of crime, any organized society takes measures to prevent and f‌i ght it. Such

measures are o

f

preventive and repressive character.

I

n this plan Kosovo too, with its criminal

l

egislation, takes measures to prevent and f‌i ght crime by def‌i ning criminal sanctions and other

c

riminal law measures. The provision o

f

these criminal sanctions is made by the Criminal

C

ode of the Republic of Kosovo.

A

special type of criminal sanction that provides the new

C

riminal Code of Republic of Kosovo, which entered into force on 1.1.2013, are also major

p

enalties, which are subject to be treated in this paper.

Ke

y

word

s

:

criminal sanction, punishment, o enders, criminal o ense.

I

ntr

odu

ct

ion

T

he

p

rotection o

f

individual and social values in an organized societ

y

, res

p

ectivel

y

i

n a state o

f

law, could never have been imagined without the existence and

i

m

p

lementation o

f

the Criminal Code (

E

lezi, 2005, 126)

.

T

he Criminal Code as the legal act

f

or regulating the basic issues

f

rom criminal

f‌i

elds, namel

y

the

p

rovision o

f

criminal acts, liabilit

y

and criminal sanctions, has an

i

m

p

ortant an

d

d

ominant ro

l

e in not on

ly

p

rotecting socia

l

va

l

ues

b

ut a

l

so in

d

ivi

d

ua

l

values in societ

y

.

T

he Criminal Code

f

oresees that those

f‌i

gures o

f

o



enses that we encounter more in

p

ractice, are more stable and recognized in the historical develo

p

ment o

f

societ

y

and

n

ew

f‌i

gures which are dictated b

y

li

f

e

.



1

T

he develo

p

ment o

f

criminal law in Kosovo has its own wa

y

o

f

historical develo

p

ment.

W

ithout an

y

claim to treat this historical develo

p

ment o

f

the criminal law in Kosovo,

and criminal law institutes com

p

rising the Criminal Code o

f

the Re

p

ublic o

f

Kosovo,

i

n this

p

a

p

er we will discuss some basic as

p

ects o

f

the main

p

enalties under the

C

riminal Code o

f

the Re

p

ublic o

f

Kosovo, which entered into

f

orce on 1.1.2013. The

d

iscussion will be based on changes and amendments to the new Criminal Code o

f

the Re

p

ublic o

f

Kosovo b

y

a

pp

l

y

ing the com

p

arative method as well as other stud

y

methods

f

or the concrete to

p

ic.

T

he

p

ur

p

ose o

f

de

f‌i

ning the to

p

ic consists in the treatment, in a uni

q

ue manner, o

f

the innovations that have to do with major

p

enalties under the new Criminal Code o

f

the Re

p

ublic o

f

Kosovo.

T

he entr

y

into

f

orce o

f

this Criminal Code in the Re

p

ublic o

f

Kosovo has great

1

Code no. 04 / L-082, Criminal Code of the Re

p

ublic of Kosovo.