Analysis Of The Legislation On Juvenile Delinquency - Kosovo Case

AuthorPetrit Bushi
Pages178-182
ANALYSIS OF THE LEGISLATION ON JUVENILE DELINQUENCY
KOSOVO CASE
Lecturer Petrit BUSHI1
Abstract
This paper presents an overview of legislative activity in Kosovo in the field of the justice fo r minors focused
after 2004 year. The goal of paper is to offer the legal an d institutional experience ragarding the criminal responsibility
of minors, procedural regulations related to investigation, prosecution, judicial process, execution of decisions,
rehabilitation as well as every measure that has do to with the minor as a victim or as a witness, or any measure which
covers the conflict with the law and a minor victim or/and witness of penal act. Problems of minors in the conflict with
the law are complex and they require inclusion of many actors before and after the criminal act is done. Without an
inclusion of all actors, the system of juvenile justice will not be effective. Paper is focused in the juvenile justice including
the penal sanction, diversity measures and education measures. F or the needs of this paper the combined methodology
is used with th e methods of comparaison analysis and the method of sistemic analysis. Paper reviews the legal basis of
juvenile justice in Kosovo in order to explain how effective it was from 2004 to 2017 year. Findings witness that legislative
measures have not achieved needed efficiency regarding its implementation.
Keywords: juvenile justice, diversity measures, education measures, mediation .
JEL Classification: K14, K36
1. Introduction
Kosovo as a new state, which is actually celebratin its tenth Anniversary, has managed to
build a juvenile legislation. This new state has build a legal infrastructure which to some extent fulfils
the needs for investigation and prosecution of minors that conducted criminal offenses as well as the
measures taken against minors that committed crimes or that in these acts have the elements of
criminal offense. Kosovo in addition to the criminal strict legislation has sanctioned also some
mechanisms or institutions who in various ways take part in the process of treating the juvenile justice.
All this has been done in accordance with the modern international trends in preventing criminality
of minors in one side, and in pronouncing measures and sentences against minor offenders. Thus if
analysed the bellow paragraph it will be seen that the current Kosovo legislation is in accordance with
it.
UN Convention on the Righst of Children (1989) ratified on February 27, 1992 and the
Protocol added to it in January 18, 2002 related to trafficking, prostitution and children pornography:
Universal Declaration of Human Rights (1948); Declaration of Children Rights; UN Minimum
Standard Rules in administering Juvenile Justice (Beijing Rules 1985); UN Rules on Protection of
Youth Deprived of Freedom (Havana Rules 1990); UN Guideliness on Preventing the Juvenile
Deliquence (Riad Guideliness 1990); UN Minimum Standard Rules related to measures of non-
arresting (Tokyo Rulse 1990);UN ILO Regulation nr.29 on obliged work (1930); UN Convention on
Political and Civil Rights (adopted on 1966 and entered into force on 1976); Convention Against
torture and cruel treatment, inhuman and degrading (Law nr.7727/30.06.1993) as well as: Committee
On the Children Rights, Reservations, Declarations and Objection regarding KDF, CRC/C/2/Rev.8,
December 07, 1999; Committee of Human Rights-General Comments 17, article 24, 1989, Overview
of Comments and general recommendations adopted by the Group of treaties on human righst,
HRI/GEN/1/Rev.5, April 26,2001; ECOSOC, Guideliness of action for children in the criminal
justyce system, Resolution 1997/30, Annex July 21, 1997; ECOSOC-Main Directives related to
justice of children victims and witness of criminal acts 2005; Convention against torture and treatment
1 Petrit Bushi - lecturer and the Dean of the Faculty o f Public Administration, College AAB, Prishtina, Kosovo, petrit.bushi@aab-
edu.net.

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