SEVERAL CHARACTERISTICS OF MEDIATION IN CRIMINAL FIELD IN THE REPUBLIC OF KOSOVO

Milot Krasniqi

Abstract


Mediation is a type of alternative procedure that enables the resolution of a criminal case outside of court proceedings. This procedure has been regulated by a special law, and is applicable to various fields of law. The locus of this scientific paper shall exclusively be mediation in the criminal field. The Criminal Procedure Code of Kosovo, in addition to standard criminal proceedings, has outlined the “Alternative Procedures” of criminal case resolution including: Mediation; Provisional Suspension of Procedure; Conditions when criminal prosecution is not mandatory; Plea Agreement; Acquittal from Punishment; The announcement of defendant as “Cooperative Witness” as well as Diversion. Mediation as an alternative procedure in the criminal field is distinguished by several characteristics which make this procedure very efficient in comparison to standard criminal procedure. These include: the resolution of a criminal case without going to court; the possibility of improving a perpetrator’s behavior by applying non-criminal measures; reconciliation and peace-building between the parties; the economization of expenditures and time; and many other benefits. The modest results of this scientific paper indicate that mediation has several advantages which make it an efficient criminal case resolution mechanism. It is therefore encouraged to increase the level of its application in the criminal field, as it represents the most productive mechanism for resolving light criminal cases.

Keywords


Mediation, mediator, characteristic, criminal proceedings, state prosecutor, Kosovo.

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DOI: https://doi.org/10.13165/j.icj.2019.12.008

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