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

• Author: Kosovare Sopi
• Position: Teaching Assistant, University of Prizren 'Ukshin Hoti', Republic of Kosovo
• Pages: 93-111

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