The criminal offense of aggravated theft under Albanian customary law

• Author: Fatmire Shaip Krasniqi
• Pages: 51-62

JURIDICA

51

The Criminal Offense of Aggravated theft

under Albanian Customary Law

Fatmire KRASNIQI1

Abstract: Based on the particular characteristics of the criminal offense of aggravated theft, it is

correctly established that the criminal offense in question falls within the framework of so-called

classical criminality, and that such unlawful behavior in terms of social development has undoubtedly

been following not only our society. While, although the criminal offense of aggravated theft as a notion

but also as a content has undergone gradual transformation, however, its defense object has always been

property value, respectfully the property. In this regard, given that the presence and the consequences

deriving from committing the criminal offense of aggravated theft continue to be present even today,

and often the existing situation is also regarded as a worrying situation, we will approach the treatment

of the criminal offense in question only in the angle of passing of data on how the Albanian customary

law specifically foresaw and regulated the criminal matter in question. The purpose of the analytical

research will be focused on elaborating the notion of the criminal offense of aggravated theft as well as

its perpetrators, in order to proceed further with the information regarding the punitive policy, always

according to the customary Albanian law, followed through the rules of t he Code of Lekë Dukagjini,

the Code of Skanderbeg as well as the Code of Labëria. The research will be realized with special

emphasis on the application of the historical-legal method.

Keywords: The Aggravated Theft; the Code of Lekë Dukagjini; the Code of Skanderbeg; the Code of

Labëria

1. Introduction

Incrimination of anti-social behaviors, including behaviors directly affecting the

lawful exercise of the property rights of the r ightful owners over the possessed

property values, viewed in comparative aspect (in particular in the s ense of the

gradual development of social relationships) is an early socio-legal process. In this

1 PhD Candidate, Law Faculty of the University of Pristina Hasan Prishtina, Pristina, Republic of

Kosovo, Teaching Assistant for a group of criminal courses at University Kadri Zeka, Gjilan/Gnjilane,

Adress: Rr. George Bush, Nr.31, 10 000 Prishtinë, Republic of Kosovo, Tel.: +381 38 244 183 /244

186, Fax: +381 38 244 187, E-mail: fatmireshaipkrasniqi@gmail.com.

AUDJ, Vol. 15, No. 1/2019, pp. 51-62