The aim of this study paper is to bring some comparative data from all Albanian codes regarding sentences and penalties according to Albanian customary law, and to prove to what extent they have been approximate or distinctive in sentences measures against perpetrators.
The research presents the reflection, categorization and execution of the punishments based on Albanian customary law, on those who have violated the most important Albanian values, such as, identity, moral, tradition and culture, in order to ensure the harmony and peace within the community.
This study emphasizes the importance of effective application of the criminal code interrelated in actual justice system in Albania and Kosovo, as an urgent call to save lives of people who are stuck in the fear of blood feud, as modern victims of this archaic phenomenon.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- The Categorization of Offenses under the Albanian Criminal Customary Law (Code)
- Criminal Offenses Against the Person under the Albanian Customary Law
- Cases for Which Was Not Allowed to Kill the Human
- Place Where the Commission of the Criminal Offense Was Prohibited under the Albanian Customary Law
- Criminal Offenses Against Family and Marital Relationships
- Criminal Act Against the Private Property
- Offenses Against the Activity of Local Self-Government Bodies
- Types of Sentences under the Albanian Customary Law
- Death Penalty
- Removal from the Tribe with Members and Property (Expelling)
- Sodume
- Money Penalty (Fine)
- Expelling
- Mutilation
- The Loss of Some Rights
- Execution of Sentences
- Suspension of Punishment
- Aggravating and Mitigating Circumstances
- Prescription
- Failure to Implement Decisions
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This study aims to analyze criminal offenses and sentencing under Albanian customary law, drawing comparisons across various historical codes like the Code of Leke Dukagjini and the Code of Skanderbeg. The research seeks to highlight similarities and differences in punishments and enforcement methods, emphasizing the societal values reflected in these practices. * Categorization of Criminal Offenses: The study examines how different types of crimes were classified within the Albanian customary legal framework. * Types of Sentences: The various forms of punishment under Albanian customary law are explored, ranging from capital punishment to financial penalties and social ostracism. * Enforcement of Sentences: The study delves into the processes by which sentences were carried out and the role of family and community in this process. * Societal Values: The work investigates the underlying societal values and beliefs that shaped the criminal justice system of customary Albanian law. * Equality and Protection: The study examines the extent to which principles of equality and the protection of vulnerable groups (such as women) were present within the customary law.Zusammenfassung der Kapitel (Chapter Summaries)
Introduction: This introductory chapter provides background information on Albanian customary law, its historical context, and its significance as a system of rules governing conduct within Albanian society. It highlights the major codes, emphasizing their influence on the legal norms that existed for an extended historical period. The introduction also outlines the study's objectives: to compare punishments across different Albanian codes, to demonstrate the severity of penalties imposed, and to illustrate how the customary law preserved societal harmony and identity. The chapter further emphasizes the study's focus on the Albanian customary law's reflection of brutal punishments and its adherence to the principle of equality between men while providing special protection for women. The Categorization of Offenses under the Albanian Criminal Customary Law (Code): This chapter details the classification of criminal offenses under Albanian customary law. It explains how offenses were categorized into four main types: crimes against the person, crimes against family and marital relationships, crimes against private property, and crimes against local self-government bodies. The chapter analyzes the absence of political crimes in the Code of Leke Dukagjini, contrasting this with the inclusion of treason and espionage in subsequent codes such as the Code of Skanderbeg and the Laberia Code. The categorization reveals the priorities and societal concerns reflected in the legal framework of the time, showing which social structures the law prioritized protecting. Types of Sentences under the Albanian Customary Law: This chapter describes the range of sentences prescribed under Albanian customary law. It covers different forms of punishment, including the death penalty, expulsion from the tribe, financial penalties, mutilation, and the loss of certain rights. The analysis shows the severity of punishments but also suggests a system that aimed to maintain social order and balance within the community through varying levels and kinds of sanctions. The diverse array of penalties sheds light on the flexibility within the legal system's responses to different offenses. Execution of Sentences: This chapter focuses on how sentences were carried out under Albanian customary law. It discusses the involvement of family members in the execution process, highlighting the significance of this role in preventing further conflict and retribution. This discussion contrasts the implementation of customary laws with that of other countries, pointing out the relatively less brutal nature of enforcement in Albanian customary law while still noting the presence of harsh penalties. This section emphasizes the practical application and implications of the legal decisions and the social mechanisms that were in place to uphold them.Albanian Customary Law: A Comprehensive Language Preview - FAQ
What is the purpose of this document?
This document provides a comprehensive overview of Albanian customary law, focusing on criminal offenses and sentencing. It serves as a language preview, including the table of contents, objectives, key themes, chapter summaries, and keywords. The information is intended for academic use and analysis.
What topics are covered in the Table of Contents?
The table of contents covers three main sections: An introduction, "The Categorization of Offenses under the Albanian Criminal Customary Law," "Types of Sentences under the Albanian Customary Law," and "Execution of Sentences." Each main section is further broken down into subtopics detailing specific offenses and punishments within the Albanian customary legal system.
What are the key objectives and themes of the study?
The study aims to analyze criminal offenses and sentencing under Albanian customary law, comparing various historical codes (like the Code of Leke Dukagjini and the Code of Skanderbeg). Key themes include the categorization of criminal offenses, types of sentences (including death penalty, expulsion, fines, and mutilation), enforcement of sentences, societal values reflected in the law, and the extent of equality and protection afforded to different groups within society.
What types of criminal offenses are discussed?
The study categorizes criminal offenses into crimes against the person, crimes against family and marital relationships, crimes against private property, and crimes against local self-government bodies. The absence or presence of political crimes in different codes is also discussed.
What types of sentences are described in the study?
The study describes a range of sentences, including the death penalty, removal from the tribe, financial penalties (fines), sodume, expulsion, mutilation, and the loss of certain rights. The severity and variation of punishments are analyzed.
How were sentences executed under Albanian customary law?
The execution of sentences is discussed, including the involvement of family members in the process and the mechanisms for preventing further conflict and retribution. A comparison with other legal systems is made to highlight the relatively less brutal nature of enforcement despite the presence of harsh penalties.
What societal values are reflected in Albanian customary law?
The study explores the societal values and beliefs that shaped the criminal justice system. It analyzes how the law prioritized the protection of certain social structures and investigates the extent to which principles of equality and protection of vulnerable groups, particularly women, were present.
What is the historical context of Albanian customary law?
The study provides background information on Albanian customary law, its historical context, and its significance as a system of rules governing conduct within Albanian society. It emphasizes the influence of major codes like the Code of Leke Dukagjini and the Code of Skanderbeg on the legal norms that prevailed over an extended period.
What is the significance of this study?
This study offers valuable insights into the historical development and application of Albanian customary law. By analyzing the various aspects of criminal offenses, sentencing, and enforcement, it sheds light on the societal values, beliefs, and power structures of the time. This information is crucial for understanding the historical and cultural context of Albania.
- Quote paper
- LL.M. Islam Qerimi (Author), Mejreme Berisha (Author), 2011, Criminal Offences, Sentences and its Enforcement under the Albanian Customary Law, Munich, GRIN Verlag, https://www.grin.com/document/176339
