Monetary Penalty as a Penal Sanction in the Territory of the Basic Court of Prishtina in the Period 2011-2015

AuthorKosovare Sopi
PositionTeaching Assistant, University of Prizren 'Ukshin Hoti', Republic of Kosovo
Pages93-111
JURIDICA
93
Monetary Penalty as a Penal Sanction in
the Territory of the Basic Court of
Prishtina in the Period 2011-2015
Kosovare SOPI
1
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 t he region that have been a nalyzed 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, i n 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 issued 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 sa me sentence is fulfilling the
individualization punishment postulates and for its existence, the Republic of
Kosovo does not need to allocate material and financial means, and spend the same
1
Teaching Assistant, University of Prizren “Ukshin Hoti”, Republic of Kosovo, Address: Rruga e
Shkronjave, nr. 1, 20000, Prizren, Republic of Kosovo, Corresponding Author:
kosovaresopi@gmail.com.
AUDJ, Vol. 15, No. 2/2019, pp. 93-111
ACTA UNIVERSITATIS DANUBIUS Vol. 15, no. 2/2019
94
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 various criminal offenses for
modern societies is related to selecting the 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 sanctions, which can only be achieved through monetary sanctions, are
lower compared to the damage they generate (create) from sanctioned offenses,
non-monetary sanctions are indispensable to achieving increased and more
efficient prevention.
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 use of non-monetary
sanctions is socially indispensable:
a) The range of financial means - if the value of financial means is smaller
compared to the size of the sanction needed for prevention, then the
discouragement tends to be low if only monetary sanctions are utilised. If the entire

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