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Eurasian Academy Of Sciences Social Sciences Journal Yıl:2017  Sayı: 14  Alan: Kamu Yönetimi

Azem Hajdari
Mediation as an alternative of criminal case resolution in Kosovo
 
Mediation as an institute of criminal law enables alternative resolution of criminal cases between parties without the need to go to court. This institute aims to help parties in order to achieve functional solutions which are in their best common interests. Mediation effects in reducing pending court cases, reducing public expenditure, increasing the level of social responsibility, education of citizens with a sense of apology and compensation of damages as well as cooperation with criminal procedure bodies, elimination of vigilantism cases etc. Mediation shall be addressed when it comes to commission of light offences and when it is estimated that for this alternative of criminal case resolution are fulfilled specified legal requirements. Modest results of this scientific paper prove that this criminal case resolution instrument is used in relatively few cases by Kosovo Basic Courts and Prosecutions. Causes of this situation may refer to the fact of not knowing advantages of this institute by judges and prosecutors as well as not having sufficient trust on independent mediators.

Anahtar Kelimeler: Mediation, instrument, state prosecution, court, mediator.


Mediation as an alternative of criminal case resolution in Kosovo
 
Mediation as an institute of criminal law enables alternative resolution of criminal cases between parties without the need to go to court. This institute aims to help parties in order to achieve functional solutions which are in their best common interests. Mediation effects in reducing pending court cases, reducing public expenditure, increasing the level of social responsibility, education of citizens with a sense of apology and compensation of damages as well as cooperation with criminal procedure bodies, elimination of vigilantism cases etc. Mediation shall be addressed when it comes to commission of light offences and when it is estimated that for this alternative of criminal case resolution are fulfilled specified legal requirements. Modest results of this scientific paper prove that this criminal case resolution instrument is used in relatively few cases by Kosovo Basic Courts and Prosecutions. Causes of this situation may refer to the fact of not knowing advantages of this institute by judges and prosecutors as well as not having sufficient trust on independent mediators.

Keywords: Mediation, instrument, state prosecution, court, mediator.


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