Acta Universitatis Danubius. Juridica, Vol 14, No 2 (2018)

Declaration Of The Defendant As Evidence In Criminal Procedure In Kosovo

Emine Abdyli

Abstract


The defendant’s statement as evidence in the criminal proceedings, both nationally and internationally, plays an important role in the conduct of criminal proceedings on one hand and on the other hand often this statement of the defendant enables the finding of new evidence which help the way to making a right decision and clarifying the truth. In Kosovo, in order for the defendant's statement to be considered as evidence in criminal proceedings, it should be in accordance with the provisions of the Criminal Procedure Code, but it is forbidden to obtain the statement of the defendant by the use of physical and psychological violence. Therefore, any statement that comes as a result of any type of violence cannot be considered as evidence in the criminal proceedings. A guilty plea agreement also plays an important role in relation to the defendant's statement, which will contribute to the quickest solution to court cases. Since Kosovo has begun to apply the new Code of Criminal Procedure in the second decade of this century, we consider that it is of interest to examine this topic in general and novelties regarding the statement of the defendant in particular.

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