Monetary penalty as a penal sanction in the territory of the Basic Court of Prishtina in the period 2011-2015

AuthorKosovare Sopi
Monetary Penalty as a Penal Sanction in
the Territory of the Basic Court of
Prishtina in the Period 2011-2015
Kosovare SOPI1
Abstract: This thesis will tackle the fine penalties according to the Criminal Code of the Republic of
Kosovo, with particular emphasis on the Basic Court of Prishtina during the period 2011/2015, which
will talk about the statistics provided by the Court as well as elaboration of the fine penalties including
its issuance as well. The thesis will address the monetary penalties, its meaning and monetary penatlies
in some countries of the region and beyond. The thesis will be based mainly on the research and analysis
of the Criminal Code of the Republic of Kosovo as well as the Criminal Codes of the countries of the
region that have been analyzed in this working document, without circumventing the Criminal Codes
of some more developed countries. In addition, during the analysis, various scientific methods will be
utilized, such as descriptive, comparative and various statistical methods, in order to address the issue
of monetary penalties in more comprehensive manner. Likewise, in the last chapter we have presented
many diverse tables, with the sole purpose of reflecting the chronology of is sued monetary penalties
throughout analyzed years.
Keywords: Monetary penalty; sanction; penal; Basic Court.
1. Introduction
Since fines or monetary penalties exist for a long time in various world legislations
and is one of the first penalties, the research of this issue in the case of our state is of
special importance as the same sentence is expressed as the main and complementary
punishment. Fine or monetary penalty in the recent years with the implementation
of new legislation and based on the EU Directives, is increasingly being
implemented in our judicial system, since the same sentence is fulfilling the
individualization punishment postulates and for its existence, the Republic of
1 Teaching Assistant, University of Prizren Ukshin Hoti, Republic of Kosovo, Address: Rruga e
Shkronjave, nr. 1, 20000, Prizren, Republic of Kosovo, Corresponding author:
AUDJ, Vol. 15, No. 1/2019, pp. 154-172
Kosovo does not need to allocate material and financial means, and spend the same
towards the normal functioning of the correctional system.
All European Union countries including the developed Western world as well, are
paying great attention to the fine penalties and are imposing this type of penalty more
than other penalties, and this is done for many reasons.The state budget itself
provides new additional financial means deriving from the payment of fines, which
may be utilised for different purposes or for the re-socialization of former convicts
or for the modernization of the correctional system in the Republic of Kosovo. But
the level of imposed fines not only in our country but also in the countries within the
region depends directly on the level of economic development, since in the most
developed countries the number of these penatlies and the monetary amounts are
much higher. Due to the space and the lack of statistical data, in this master's thesis
we will focus solely on monetary penalties in the territory of the Basic Court of
Pristina for the period 2011-2015.
1.1. Monetary Penalty as a Penal Sanction in the Territory of the Basic Court
in Prishtina in the Period 2011-2015
The crucial problem in the domain of sanctioning var ious criminal offenses for
modern societies is related to selecting t he level of effort to enforce and determine
the possibilities towards punishing the parties as well as choosing the height of
sanctions in order to maximize social welfare emphasizes the socially improper
imposition of monetary sanctions, while it is socially expensive to apply non-
monetary sanctions (Shavel, 2004, p. 463). With this assumption, non-monetary
sanctions are less effective than monetary sanctions and according to this principle,
the same should not be used if only through monetary sanctions the full effect of
prevention can be achieved (Brady, 2000, p. 291). But on the other hand, if the
expected sa nctions, which can only be achieved through monetary sanctions, ar e
lower compared to the damage they generate (create) from sanctioned offenses, non-
monetary sanctions are indispensable to achieving increased and more efficient
In this case, several factors affecting the optimal use of non-monetary sanctions
should be mentioned, as the probability and the possibility of using monetary
sanctions is not sufficient for prevention, therefore the us e of non-monetary
sanctions is socially indispensable:
a) The range of financial means- if the value of financialmeansis smaller compared
to the size of the sanction needed for prevention, then the discouragement tends to

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