Abstract

The application of criminal procedures in the investigation of organized crime in Kosovo quests a deeper empirical study and wider research of a scientific literature than ever done before. The failure of many organized crime cases throughout the courts of Kosovo and the light and acquittal sentences are real indications that the application of criminal proceedings is not being properly conveyed in practice. The data provided through the empirical research of this paper indicate that non-compliance with criminal procedures leads to a decrease in efficiency and a significant increase in organized crime cases. Through this research we aim to identify the possible factors that affect the growth of the phenomenon of crime as well as the reflection of institutions dealing with the prevention and fight against crime. According to the observation the author suspects that the starting point of criminal proceedings regardless of the degree of probability is extremely important for the fight against crime, especially the fight against modern forms characterized by a high degree of organization, professionalism, specialization and secrecy. This paper reflects the detailed theoretical research of the scientific literature by various local and foreign authors and experts who have written about criminal procedures, research and analysis of theoretical and practical data on the meaning and importance of the implementation of criminal procedures in detecting organized crime in Kosovo are of particular importance to investigators of organized crime in the future.
 The effectiveness of criminal procedures in detection of organized crime in Kosovo should be closely related to criminology, criminalistics and criminal policy, the implementation of criminal procedures should in principle aim to return the basis of suspicion to the highest level of suspicion. This activity starts with the appearance of the basis of suspicion or the highest form of suspicion in the form of orientation and elimination indicators. The same activity consists of criminal control and processing. The content and strategy of these activities determine their further course, as well as condition the range of rules of criminal science in a specific case based on the provisions of the Code of Criminal Procedure, as well as other provisions of laws and bylaws. The strategy and tactics of these activities are dictated by the type of criminal offense.

Highlights

  • General criminal procedures By Criminal Procedures one should understand the criminal investigation of the circumstances and facts that directly or indirectly indicate the existence of a crime and/or the perpetrator

  • The general framework of criminal procedure on investigations is determined by substantive criminal law and it is directly related to several Code of Criminal Procedure provisions

  • The initiation of investigations in criminal proceedings can be preceded by the initial actions of the police, so that the police, through the exercise of their powers and duties in detection of criminal offenses, and the provision of information that would serve as evidence, acts on selfinitiative or as authorized by the prosecutor of the state

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Summary

Introduction

General criminal procedures By Criminal Procedures one should understand the criminal investigation of the circumstances and facts that directly or indirectly indicate the existence of a crime and/or the perpetrator. The general framework of criminal procedure on investigations is determined by substantive criminal law and it is directly related to several Code of Criminal Procedure provisions When it comes to the police, all these actions are standardized by the CPCK while their implementation is refined though bylaws and standard operating procedures. The police is a central service to the state and it greatly needs to adapt to the local community.[1] The initiation of investigations in criminal proceedings can be preceded by the initial actions of the police, so that the police, through the exercise of their powers and duties in detection of criminal offenses, and the provision of information that would serve as evidence, acts on selfinitiative (ex officio ) or as authorized by the prosecutor of the state. Among them the greatest responsibility falls on specialized state bodies: police, courts, prosecutors and bodies for the execution of criminal sanctions Each of these bodies has its law defined duties and competencies. Their coordinated activity and a unified approach towards the necessity of building a strategy on the fight against crime are the fundamental preconditions to successfully solve their tasks[3]

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