Certain Disputable Matters Pertaining to the Position of the Injured Party in Criminal Proceedings in the Republic of Kosovo

Dr.Sc. Artan QERKINI

Abstract


In criminal proceedings in the Republic of Kosovo, the injured party enjoys considerable rights that favor its position. In addition to constitutional guarantees, which are now standard for democratic countries, the Criminal Procedure Code (henceforth: the CPC) considers injured parties an equal party in the procedure, with rights identical to those of the prosecution, with the exception of certain rights that are understandably exclusive for the prosecution (e.g. the right of the prosecutor to withdraw the indictment). However, this paper will argue that certain stances in the CPC are contradictory when regulating the status and rights of injured parties in criminal proceedings. Kosovo legislation does not distinguish between injured parties in criminal proceedings and the victim of a criminal offence, but refers to both as injured parties. This paper finds that it is necessary to change this approach, and that the Kosovo legislators should follow the Croatian model in determining the status of parties in proceedings, and clearly distinguishing between an injured party and a victim of the criminal offence, as the victim should enjoy certain rights that can’t be attributed to an injured party, especially in relation to giving testimonies. The paper also analyzes discrepancies between the Criminal Procedure Core and Article 54 of the Constitution of the Republic of Kosovo.

Keywords


Criminal Procedure; constitution; injured parts; claim; legislation;

References


Criminal Procedure Code of Kosovo, Law, nr. 04/L-123.

Provisional Criminal Procedure Code of Kosovo UNMIK/RREG/2003/26.

Rules of Procedure and Evidence before the Kosovo Specialist chamber (adopted on 17th March 2017, revised on 29 May 2017, entered into force on 5 July 2017).

Rules of Procedure for the Specialist Chamber of constitutional court (adopted and entered into force on 21st of July 2017, amended on 13th of March 2020), Law on State Advocacy Office, number 04/L/-157.

Criminal Procedure Law, institutions, Davon Krapac, Noredne Novine, Zagreb-2015.

Commentary of Criminal Procedure Code, T. Vasiljevic, M. Grubac, Official Gazette, Belgrade 2003.

Kosovo Constitution/Commentary, 612, 2013

ECHR, K; ass v.r Germany


Full Text: PDF

DOI: 10.21113/iir.v10i1.570

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Copyright (c) 2020 Dr.Sc. Artan QERKINI

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