Acta Universitatis Danubius. Juridica, Vol 15, No 2 (2019)

Several Characteristics of Mediation in Criminal Field in the Republic of Kosovo

Milot Krasniqi

Abstract


Mediation is one of the alternative procedures types, which enables the resolution of a criminal case outside the court proceedings. This procedure has been regulated by a special law and is applicable to various fields of law such as: criminal law, civil law, administrative law, labor law disputes; disputes of civil nature; commercial disputes, family disputes etc. if for the same is not foreseen the exclusive liability of court or any other competent body. Despite of the fact that mediation is applicable in various fields of law, the object of this scientific paper shall be focused only to mediation in criminal field.  

 

In Chapter XIV of the Code no. 04/L-123 of the Criminal Procedure Code of Kosovo, are foreseen the so-called “Alternative Procedures” which include: Provisional suspension of procedure (art. 230); Conditions when criminal prosecution is not mandatory (art. 231); Mediation (art. 232); Plea agreement (art. 233); Acquittal from punishment (art. 234); The announcement of the defendant “Cooperative Witness” (art. 235) and Diversion (art. 184).

 

Mediation as an institute, respectively as an alternative procedure in criminal field is distinguished by several characteristics, which make this procedure very efficient in comparison to criminal procedure, including the resolution of a criminal case itself without going to court; the possibility of improving perpetrator by non-criminal measures; reconciliation and peace-building between the parties; economization of expenditures and time etc. The goal of this scientific paper is to elaborate the characteristics of mediation procedure in criminal law field of Kosovo based on its theoretical and practical aspect in our country.


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