Some measures for the advancement of the punitive policy against criminality

• Author: Ali Bajgora
• Position: European College of Kosovo
• Pages: 103-109

Vo

l. 4 N

o

. 2

Jul

y

, 201

8

ISS

N 2410-391

8

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cces on

l

ine at www.ii

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.or

g

1

03

A

cademic Journal o

f

Business,

A

dministration, Law and Social Sciences

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PCCL Publishin

g

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ustria

Some measures for the advancement of the punitive polic

y

against criminalit

y

Prof. Dr. Ali Ba

j

gor

a

E

uropean College of Kosov

o

Ab

str

a

ct

C

riminality 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

a

nd combat criminality. The measures are numerous and diverse, ranging from those o

f

p

reventative educational character to repressive and sanctioning measures. The bodies that

take these measures are diverse, starting from family and school that take precautionary

m

easures against crime in society to the state institutions, the courts, that pronounce criminal

s

anctions as measures against the perpetrators of criminal o enses.

I

n this paper, we will

only deal with some measures that in our opinion contribute to the e



ciency o

f

the punitive

p

olicies against crime in society.

Ke

y

word

s

:

c

riminality, preventive measures, repressive measures, punitive policies, sanctions

.

I

ntr

oduc

t

io

n

T

he

p

olic

y

o

f

combating and

p

reventing criminalit

y

has its own histor

y

o

f

develo

p

ment,

d

ating back to the earliest times (Vesel, 2008). This

p

olic

y

has changed along with

social develo

p

ments and

f

orms o

f

criminalit

y

, which show a

p

ermanent evolutionar

y

d

eve

l

o

p

ment. Particu

l

ar im

p

ortance in com

b

ating an

d

p

reventing crimina

l

it

y

is

pl

a

y

ec

by

p

reventative measures.

I

n t

h

is regar

d

, it s

h

ou

ld

b

e em

ph

asize

d

t

h

at t

h

e state

that claims to be democratic and humane to its citizens, should it as

p

ire to

p

revent

and erradicate the criminalit

y

it must, in addition to criminal sanctions,

p

ossess and

u

n

d

erta

k

e various measures suc

h

as increasing t

h

e e

d

ucationa

l

an

d

cu

l

tura

l

l

eve

l

as

w

ell as the awareness

f

or the res

p

ect o

f

laws,

f

reedoms, rights, securit

y

and e

q

ualit

y

of

citizens in all

f‌i

elds, including measures

f

or the economic and social well-being o

f

i

ts citizens and the societ

y

as a whole (Salihu, 2012).

I

n addition to these

p

reventive measures taken b

y

the societ

y

to address criminalit

y

,

re

p

ressive measures a

l

so

pl

a

y

an im

p

ortant ro

l

e.

E

ver

y

countr

y

h

as its own

l

aws, its

o

wn justice, and criminal law as

p

art o

f

it (Muci, 2007).

I

n

a

ll

i

nst

a

nc

e

s wh

e

n

a

cr

i

m

i

n

a

l

a

ct h

a

s b

ee

n c

o

mm

i



e

d

a

nd th

e

r

e

a

r

e

fu

nd

a

m

e

nt

a

l

e

lements o

f

a criminal o



ense, the state, via its bod

y

, the Courts, im

p

oses to the

p

er

p

etrator o

f

the criminal o



ense a sanction as a re

p

ressive measure. Criminal

sanctions are among the means em

p

lo

y

ed b

y

the societ

y

f

or the

p

ur

p

ose o

f

p

rotection

against criminalit

y

. These are a kind o

f

societ

y

’s reaction to the

p

er

p

etrators,

u

ndertaken with the aim o

f

p

rotecting the citizens

f

rom harm

f

ul acts (Salihu, 2012).

For the

p

unitive

p

olicies to be ade

q

uate in order to

p

revent and combat criminalit

y

,

three basic elements are re

q

uired:

p

rotection o

f

societ

y

and individuals, re-education

of

p

er

p

etrators and general

p

revention.

If

a criminal

p

olic

y

meets these re

q

uirements,

i

t is viewed as sociall

y

reasonable and ade

q

uate; otherwise, it does not res

p

ond to

societa

l

goa

l

s an

d

nee

d

s to

b

e re

pl

ace

d

(Mi

l

utinovic, 1987)

.