Some Forms of Manifestation of Official Corruption and Crimes against Official Duty in Kosovo 2011- 2012

• Author: Emine Abdyli
• Position: Teaching Assistant, PhD Candidate, Department of Criminal Law, Faculty of Law, University of Pristina, Kosovo
• Pages: 158-175

ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 3/2017

158

Some Forms of Manifestation of Official

Corruption and Crimes against Official

Duty in Kosovo 2011- 2012

Emine ABDYLI

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Abstract: Corruption as one of the forms of th e organized crime represents one of th e most

dangerous phenomenon which directly attacks the society. Corruption, respectively the official

corruption is present in every country of the world but in the countries that have a developed

democratic system, the corruption is considered to be controlled while in developing countries (such

as Kosovo is) corruption is at a very concerning level. According to the official data, the corruption in

Kosovo takes place in many public institutions. Therefore, we can reach positive results in fighting

and preventing this negative phenomenon o nly if we only if we roughen the punishment and criminal

sanction p olicies. In addition, the paper presents that during the period 2011 – 2012, the courts in

Kosovo preceded a very limited number of th e cases that are related criminal offence against

corruption. In addition, the courts imposed lower measures of sanctioning compared to the number of

the criminal offence cases. Only a closer cooperation between the triangle Police – Prosecution –

Court and the support from the citizens would enable the sustainable basis for fighting and preventing

the official corruption. The paper contains theoretic, legislative and statistical information. The

emphasis will be given to the official corruption and the criminal offences against official duty, the

most co mmon forms of the official corru ption as well as the statistical data related to the o fficial

corruption and other criminal offences against official duty.

Keywords: corruption; official corruption; fighting and preventing; officials; criminal offences

1. Introduction

Organized Crime is considered to be one of the phenomena which endanger the

social balance of a society in economic, social and political aspects. Most

expressed forms of crime in the Republic of Kosovo are: smuggling of narcotics

and human beings, money laundering, abuse of official duty namely official

corruption etc. Corruption as a form of organized crime presents one of the most

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Teaching Assistant, PhD Candidate, Department of Criminal Law, Faculty of Law, University of

Pristina, Kosovo, Address: Agim Ramadani Str.p.n., 10000, Pristina, Kosovo, Corresponding author:

emine.abdyli@uni-pr.edu.

AUDJ, vol. 13, no. 3/2017, pp. 158-175

JURIDICA

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dangerous phenomenon which directly attacks the society. Corruption is

manifested in the entire world but in countries with a tradition in the democratic

system it is considered to be under control compared to countries in transition (as is

our country) in which corruption is in disturbing level. Regardless of various

attempts and initiatives from state institutions and civil society for reduction of

corruption, the level of this negative phenomenon remains high. Marked increase

in the level of official corruption, the collapse of economy, stagnation in

implementation of anti-corruption system, poor implementation of administrative

instruments to prevent corruption and insufficient cooperation between control

bodies – auditing, security and justice bodies, resulted in an unsuccessful war

against corruption on one side and a large loss of citizens‟ trust in public

institutions on the other side.

In this paper a special emphasis will be paid to official corruption and offenses

against official duty, disciplinary policy against official corruption and offenses

against official duty as well as some other more common forms of official

corruption, like: abuse of official duty or authority, acquisition on duty, bribery

etc., as well as statistical data regarding official corruption and other crimes against

official duty so that the essay shall be rich in theoretical, legal and statistical

aspects. In the course of this essay we will mainly rely on the Penal Code of

Kosovo, laws, decisions and various international statements, Statistical Office

data, Kosovo Police, courts and other additional sources which serve for a better

treatment of this negative phenomenon.

2. General Overview of Official Corruption and Penal Actions Against

Official Duty

Official corruption and criminal acts against official duty as a whole represent

illegal actions of official persons. Official corruption namely criminal acts against

official duty are directed against fair and legal functioning of public services which

official personnel are obligated to perform.

The main component of these criminal acts is violation or obstruction of official

duty from official persons through abuse of power and official authorizations.

These criminal acts result to be dangerous because they are carried out by persons

who have been entrusted with official authorizations and at the same time are

obligated to fulfill these authorizations. Committing such penal actions in illegal