Criminal Procedure Code at KosovoCriminal Procedure Code at Kosovo
Kosovo's criminal procedure is governed by the Criminal Procedure Code No. 04/L-123, enacted by the Assembly of the Republic of Kosovo and published in the Official Gazette on December 28, 2012. This code establishes the legal framework for criminal proceedings, aiming to ensure fair trials, uphold human rights, and align with international legal standards. (CRIMINAL NO. 04/L-123 PROCEDURE CODE)
📘 Overview of the Criminal Procedure Code
The Criminal Procedure Code No. 04/L-123 outlines procedures for:
Investigation and Prosecution: Defines the roles and responsibilities of law enforcement and prosecutors in criminal investigations.
Trial Procedures: Establishes guidelines for conducting trials, including the rights of the accused and the presentation of evidence.
Appeals: Provides mechanisms for challenging convictions and sentences.
Alternative Dispute Resolution: Encourages mediation in certain criminal matters to facilitate resolution outside of traditional court proceedings. (Mediation in Criminal Matters: A Perspective from Kosovo)
The code emphasizes the protection of human rights, the presumption of innocence, and the right to a fair trial.
🛠️ Amendments and Reforms
The Criminal Procedure Code has been amended to address evolving legal needs:
Law No. 06/L-091 (2019): Introduced provisions for conducting trials in absentia, particularly concerning crimes committed between 1990 and 1999. This amendment allows for the prosecution and trial of individuals who cannot be present due to various reasons, ensuring accountability for serious offenses. (LAW NO. 06/L-091 ON AMENDING AND SUPPLEMENTING THE CRIMINAL PROCEDURE CODE No.04/L-123)
Law No. 08/L-002 (2021): Further refined the procedures for trials in absentia, including adjustments to international legal cooperation requirements and the rights of the accused during such proceedings.
📄 Accessing the Full Text
The full text of the Criminal Procedure Code No. 04/L-123, along with its amendments, is available through the following resources:
Official Gazette of the Republic of Kosovo: Access the original publication and subsequent amendments. (CRIMINAL NO. 04/L-123 PROCEDURE CODE)
Nottingham University - Comparative Justice and Development: Provides an English translation of the code. (Legislation)
Legislationline: Offers downloadable versions of the code for reference. (Criminal Procedure Code of Kosovo - Legislationline)
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