Criminal Sanctions Against Official Corruption and other Offences Against Official Duty Offenders in Kosovo for the Period 2008-2015

AuthorFlutura Tahiraj
PositionFaculty of Law, University of Prishtina, Kosovo
Criminal Sanctions Against Official
Corruption and other Offences Against
Official Duty Offenders in Kosovo for the
Period 2008-2015
Abstract: The need to fight corruption, with the focus on official corruption in Kosovo continues to be
addressed b y both national and international reports. The objective of this paper is to find out the
number of the cases and analyse the sactions against official corruption and other offences against
official duty delivered by Municipality Courts in Kosovo during the period 2008-2015 with the aim to
assess the developments during a period of eight years since most of the other researches are focused
on annual performance of the courts. All data presented in this article are taken from the Kosovo
Statistical Office and include statistical information on the types and frequency of criminal sanctions
to perpetrators of the official corruption and other offences ag ainst official duty. Case study is also
applied to analyse some court judgments. The study shows there is a slight incresase of the number of
convicted perpetrators over years, the number of corruption cases addressed by the courts remained
very limited, followed by low sentences or even prescription of cases. The findings will add additional
scientific insights to the existing knowledge about preventing and fighting official corruption and it can
be useful for scholars, policy makers and practitioners in Kosovo.
Keywords: Corruption; Court Judgements; Municipal Courts; Offences a gainst official duty;
Fighting corruptions remains one of the most difficult challenges that Kosovo is
facing nowadays. With all continuous promises of the relevant institutions that there
will be zero tolerance aginst corruption, in the European Commission Report 2016,
it is again highlighted that Kosovo did not comply with its responsibilities in this
regard. Moreover, along with the demarcation of the border with Monte Negro, the
Faculty of Law, University of Prishtina, Kosovo, Address: Agim Ramadani Street, n.n. 10000,
Prishtina, Kosovo, Corresponding author:
AUDJ, vol. 13, no. 2/2017, pp. 44-60
fight against corruption are claimed to be the main obstacle of the VISA liberalisaton
process for Kosovo.
The high level of corruption in Kosovo has been confirmed by many researches and
reports of different local and international organisations including media. In July
2016, there were published some interceptions from a previous closed court case
which seems to involvesenior public officials in the official corruption and criminal
offences against official duty. Although, these interceptions were available to the
court back in 2009 but no legal measures were taken against these public officials,
the reprentatives of the court system in Kosovo keep repeating that they are doing
the best in fighting corruption and did achieve a step forward in pubishment of these
Having this into consideration, this paper is focused in punishments that the
perpetrators were given for the official corruption and offences agains official duty
in Kosovo during the period 2008 until 2015. The methodology of this study includes
the analysis of the criminal sanctions in the courts of Kosovo including the number
and types of sanctions in order to present the approach of the courts toward fighting
the official corruption and offences against official duties after Kosovo declared its
country independence.
Definitition and Types of Criminal Sanctions according to the Criminal
Criminal sanctions are repressive measures that represent an important role in
fighting against criminal acts in general and fighting official corruption and criminal
offences against official duties in particular. Salihu (2014) highlights that through
these criminal sanctions, the courts limits the rights to the perpetrators, incluing the
freedom of movement, wealth etc. Since the criminal sanctions are repressive
measure imposed by the court as defined by law in the criminal procedure, these
measures in practice and theory are named as punishment policies of the courts.
According to Salihu (2014) the criminal sanctions aim protection of certain values
of citizens and the society in general. The Article 41 of the Criminal Code of Kosovo
defines the purpose of the punishments as follows:
to prevent the perpetrator to commit the criminal offences in the future and
to rehabilitate the perpetrator;

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT