Special investigative opportunity

• Author: Azem Hajdari, Albulena Hajdari
• Pages: 187-199

JURIDICA

187

Special Investigative Opportunity

Azem HAJDARI1, Albulena HAJDARI2

Abstract: The special investigative opportunity is a special procedural action that can be exercised

during the investigation phase of the concrete criminal case, and through it contributes to the efficient

processing of that case. This criminal procedural action consists in taking witness testimony or finding

and opinion of the expert, for situations when it is expected that they will not be present in the main

trial and it will be handled in terms of determining the meaning and criteria to be met for its

implementation, procedure and authority that could set and enforce it, actions that guarantee criminal

procedural efficiency and human rights during its implementation and the importance of this procedural

action within the criminal procedure. The topic of this article focuses on Kosovo. During the preparation

of this article, I applied the legal, historical, comparative and descriptive method.

Keywords: Witness; expert; judge; prosecutor; investigation

1. Introduction

Special investigative opportunity represents a criminal procedural action of

particular importance. This criminal procedural action that can be taken during the

investigation phase serves to render a fair and legitimate decision by the court, and

is in function of guaranteeing criminal procedural efficiency and human rights,

especially the defendant in criminal proceedings. This criminal procedural action

consists in obtaining witness testimony or opinion and ascertainment of the expert.

The application of special investigative opportunity in Kosovo allows the pre-trial

judge upon the request of the state prosecutor, the victim, the victim’s advocate, the

defendant or his defense counsel. For the implementation of this procedural action it

1 Professor, PhD, Law Faculty of Law, University of Prishtina Hasan Prishtina, Republic of Kosovo,

Address: Str. George Bush, no.31, 10 000 Prishtinë, Republic of Kosovo, E-mail: azem.hajdari@uni-

pr.edu.

2 Professor of Criminal Law Faculty of Law, College ILIRIA, Prishtina, Republic of Kosovo, Address:

75, Prishtinë 10000, Republic of Kosovo, Corresponding author: albulenahajdari@gmail.com.

AUDJ, Vol. 15, No. 1/2019, pp. 187-199