Kosova has had the matter of work with juvenile perpetrators of criminal offences
Juvenile Criminal Law of Kosova (in further JCLK), UNMIK Regulation no 2004/8 of
April 20 2004, as the mentioned are participant in criminality, in general. Difficulties that
have appeared during the course of the work with juvenile perpetrators of criminal
offences raised the issue of improvement of the mentioned. During the work of the
respective commissions, it has been concluded that JCLK should be replaced by JJC.
The initiatives were raised by judges, prosecutors and other agencies who, along
with representatives of the science, would work in direction of compiling of Juvenile
Justice Code.
The Juvenile Justice Code (in further: JJC), no 03/L-193, has been compiled and
entered force, upon adjustments made by JCLK, on April 20th 2004. The adjustment have
been evidenced during the course of the work, thus it has been worked in direction of
derogation respectively clarification of the provisions causing difficulties, in order to
make them more practical for work.
Table of Contents
1 Introduction
2. History of the Juvenile Criminal Proceedings in Kosova
3. The development of Juvenile Criminal Proceedings in Kosova
4. Juvenile Justice Code
5. Main Characteristics of the Preparatory Procedure for Juveniles
6. The Role of the Public prosecutor in the Juvenile Procedure
6.1 The Preparatory procedure for the Juveniles
7. Diversity measures
8. Educational measures
9. Imprisonment of minors
10. Execution of remedies and punishment
11. Conclusion
Objective & Topics
This work examines the main characteristics of the juvenile criminal procedure in Kosova, specifically within the framework of the Juvenile Justice Code (JJC). It explores the legal evolution from former administrative regulations to a specialized juvenile code, aiming to analyze how current procedural standards protect juvenile rights while ensuring accountability and rehabilitation.
- Evolution of the Juvenile Justice Code in Kosova
- Procedural roles of prosecutors and juvenile judges
- Application and types of diversity and educational measures
- Legal requirements for juvenile detention and imprisonment
- Integration of probation services in criminal proceedings
Excerpt from the Book
5. Main Characteristics of the Preparatory Procedure for Juveniles
According to JJC, the preparatory procedure commences with a Ruling for Commencement of the Preparatory Procedure. The ruling is rendered upon verification of the fact that the juvenile, at the time of the offence corresponds with the time when s/he has reached the age of fourteen, which fact is ascertained by the birth certificate or another personal document.
Before the Ruling for the preparatory proceedings is rendered, the public prosecutor should inspect the case files, and especially the police custody of the juvenile. The timeframe of deprivation from liberty should not exceed 24 hours and the juvenile, in the course of his stay in the detention, should be separated from the adult detainees, in order not to be influenced by them.
The police custody of the juveniles is computed from the time of his/her deprivation from liberty, by appropriately noting the date, time, meaning the hour and minutes, that shall be calculated during the further proceedings.
To a juvenile perpetrator of criminal offence, from the day of arrest, a detention in duration of 30 days may be determined, while the detention may be extended by the panel of the competent court for additional 2 (two) months.
Summary of Chapters
1 Introduction: Provides an overview of the legal transition in Kosova post-1999 and the necessity for a specialized juvenile justice framework.
2. History of the Juvenile Criminal Proceedings in Kosova: Traces the transition from the laws of the former Yugoslavia to the implementation of the Juvenile Criminal Law of Kosova (JCLK).
3. The development of Juvenile Criminal Proceedings in Kosova: Discusses the post-war institutional reconstruction and the need for new legislation to address the legal vacuum regarding juvenile offenders.
4. Juvenile Justice Code: Details the structure of the JJC, which consists of six parts and twenty-two chapters, governing principles and applicable measures.
5. Main Characteristics of the Preparatory Procedure for Juveniles: Outlines the commencement, duration, and conditions of the preparatory procedure, including detention and interrogation rules.
6. The Role of the Public prosecutor in the Juvenile Procedure: Examines the responsibilities of the prosecutor in directing the preparatory procedure and coordinating with social services.
7. Diversity measures: Explains the purpose of diversity measures to divert minor offenders from formal criminal procedures.
8. Educational measures: Describes the purpose and various types of educational measures aimed at the rehabilitation of juvenile offenders.
9. Imprisonment of minors: Sets forth the specific legal criteria and conditions under which a juvenile may be sentenced to imprisonment.
10. Execution of remedies and punishment: Details the involvement of the probation service in the monitoring and execution of legal remedies and sentences.
11. Conclusion: Summarizes the current state of the juvenile justice system and calls for further investment in institutional and human capacities.
Keywords
Juvenile Justice Code, Juvenile Criminal Law, Kosova, criminal procedure, preparatory procedure, diversity measures, educational measures, probation service, juvenile offenders, legal provisions, rehabilitation, imprisonment, public prosecutor, judiciary, human rights.
Frequently Asked Questions
What is the primary focus of this academic work?
The work focuses on the legal characteristics and procedural steps of handling juvenile offenders in Kosova according to the Juvenile Justice Code.
What are the central themes of the document?
The themes include the evolution of juvenile legislation, the procedural rights of minors, the specific roles of legal authorities, and the implementation of rehabilitation-focused measures.
What is the core research goal?
The goal is to analyze the effectiveness and structure of the current Juvenile Justice Code in ensuring both the protection of juvenile rights and the efficient processing of criminal cases.
Which methodology is employed in the text?
The text employs a legal-descriptive methodology, chronologically reviewing legislative developments and analyzing the practical application of existing statutes.
What does the main body cover?
It covers the history of proceedings, the specific roles of the prosecutor and the court, the types of educational and diversity measures available, and the execution of sentences.
Which keywords best describe the work?
Key terms include Juvenile Justice Code, rehabilitation, preparatory procedure, diversity measures, and the legal framework of Kosova.
How is the preparatory procedure initiated for a juvenile?
It begins with a formal "Ruling for Commencement of the Preparatory Procedure" after the prosecutor verifies the juvenile's age and reviews the case files.
What role does the Probation Service play?
The probation service is crucial for monitoring the execution of diversity and educational measures, reporting on progress, and facilitating the reintegration of the juvenile into society.
Are juveniles detained with adults?
No, the code strictly mandates that juveniles must be separated from adult detainees during police custody and imprisonment to prevent negative influence.
- Quote paper
- M.Sc. Hashim Çollaku (Author), 2012, Main Characteristics of the Juvenile Criminal Procedure, according to Juvenile Justice Code of Kosova, Munich, GRIN Verlag, https://www.grin.com/document/196794
