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- Title
TRIAL IN ABSENTIA IN THE REPUBLIC OF KOSOVO.
- Authors
UKSHINI, Albana; ZEJNELI, Ismail
- Abstract
Trial in absentia has been an extensively discussed matter in post-war Kosovo and has been criticized due to the fact that the trial in absentia was removed from the Provisional Criminal Code, considering the crimes that were committed in Kosovo, which in some form even risked remaining unpunished. This procedural obstacle precisely resulted in many cases dragging on year after year, and due to the lack of legal foundation, many perpetrators of serious criminal offenses remained entirely unpunished. But procedurally, how can we define a trial in absentia? A trial in absentia means the conduct of criminal proceedings without the presence of the defendant. Consequently, it involves bypassing many procedural stages, as the realization of this trial deprives the defendant of a series of rights, such as the right to submit evidence in criminal proceedings, then the right to challenge evidence and the accusatory act itself, the right to the adversarial proceedings principle, admission of guilt, and the benefits arising from such admission, and so forth. Another important matter is the right to use legal remedy - appeal. These issues will be addressed in this scientific paper, where through the normative method we will be able to reach more precise conclusions regarding legal changes that have occurred, as well as the significance this institute holds today. As noted, the method that will be applied during the treatment of this scientific paper is the normative method: This method is essential to assess laws and legal cases in accordance with specific legal standards and norms. It will be used to assess whether an action is legal or not and to provide interpretation and understanding of laws and legal norms. Other methods that will be used in this paper include statistical methods as a group of techniques used to analyze and interpret data collected from various sources or to make predictions based on existing data.
- Subjects
KOSOVO (Republic); LEGAL norms; CRIMINAL procedure; LEGAL remedies; CRIMINAL evidence; TRIALS (Law)
- Publication
Vizione, 2024, Issue 42, p93
- ISSN
1409-8962
- Publication type
Article