Abstract

The institute of statutory limitation in criminal procedure has an extreme importance and through this research we will get to know more about the new provisions of Criminal Procedure Code and the Criminal Code of Republic of Kosovo regarding the statute of limitations of the criminal prosecution and the statute of limitations of the execution of the criminal-legal sanctions.
 The object of research: Analysis and the synthesis facts and essential legal provisions of Criminal Procedure and the Criminal Code of the Republic of Kosovo for statutory limitation (hereinafter SoL), by using scientific theory, methodology and scientific research in order to gain scientific knowledge.
 The main scientific results: The institute of statutory limitation in the Criminal Procedure in the Republic of Kosovo is analyzed with the provisions of the Criminal Code and Criminal Procedure Code. Moreover, SoL is analyzed and compared with legal provisions in the abolished Criminal Code and the new Criminal Code of Republic of Kosovo as well. Improvement of the efficiency of the Institute of SoL in criminal law and criminal procedure has been found through new amendments to the legal provisions of the Code of Criminal Procedure and the Criminal Code
 The area of practical use of the research results: Are the newest data for the institute of SoL in the criminal procedure and in criminal law as well. The conducted research made it possible for lawyers, criminologists, victimologists, Non-Governmental Organizations (hereafter: NGOs) and all stakeholders to obtain additional information about the Institute of SoL in Criminal Procedure Law and Criminal Law in the Republic of Kosovo.
 Innovative technological product: Identification and the analysis of new changes in legal provisions of Criminal Procedure Code and Criminal Code of the Republic of Kosovo for efficiency improvement of SoL institute.
 Scope of the innovative technological product: This research will contribute and fulfill the scientific knowledge fund on the SoL problem in Kosovo and its enforcement. Also, the research results can create some starting points for more complex scientific research in the future for the Institute of SoL in the Republic of Kosovo or in the other countries of the region.

Highlights

  • Statute of Limitation is a very important legal institution which somehow fades the right of state authority to seek after criminal procedure on a perpetrator, because of the time expiration

  • According to the article 100, paragraph 2 of the Criminal Code of the Republic the Kosovo it has been provided that in the case of an offense committed against a person under the age of eighteen (18), the limitation period shall commence to run on the day the victim reaches the age of eighteen (18) years [21]

  • The paper shows that the Republic of Kosovo with the amendments to the new provisions of the Criminal Code that entered into force on 14 January 2019, the statute of limitations period has been increased, especially in the statute of limitations for the execution of sentences with a maximum of thirty (30) years from life imprisonment to a minimum of four (4) years from imprisonment to one (1) year or a fine

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Summary

Introduction

Statute of Limitation is a very important legal institution which somehow fades the right of state authority to seek after criminal procedure on a perpetrator, because of the time expiration. Problem description The huge number of cases that were reached by SoL after war in Kosovo, both in terms of criminal prosecution and in terms of executions of the penal-legal sanctions has caused some perpetrators to avoid criminal-legal sanctions. This phenomenon aroused the increased interest of lawyers, criminologists, victimologists, sociologists, etc., many researches, projects, scientific works appeared. It should not be forgotten the great help of the Institutes and NGO-s which through court hearings monitoring, published different reports in the national level for the SoL of criminal offences. Through this study it’ll be analyzed the amendments of Provisional Criminal Code which entered into force on April 6, 2004, the Criminal Code of the Republic of Kosovo which entered into force on January 1, 2013, and the Criminal Code of the Republic of Kosovo which entered into force on April 14, 2019

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