Vol 2 No 1 (2018)
Articles

Avoidance and Withdrawal from Criminal Prosecution-Kosovo Context

Azem Hajdari
Professor at University of Pristina “Hasan Pristina” Aktash, Street.”Lord Bajron”Prishtina, Kosovo
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Keywords
  • State prosecutor,
  • Avoidance,
  • Criminal prosecution,
  • Legality,
  • Criminal offence.

Abstract

Avoidance and withdrawal from criminal prosecution is a special criminal-procedural institute which consists in the possibility of abstention respectively withdrawal of the competent state prosecutor from its legal obligation to prosecute in cases when he considers that the legal requirements for undertaking such an action has been fulfilled.  The possibility of application this institute has been foreseen by law, therefore it does not represent any opposition to the principle of legality and obligations deriving from it. As such this institute has been foreseen with the possibility of application only under circumstances and criteria expressly provided by law. This institute is applicable to adults and juveniles perpetrators of criminal offences. This institute is well known by almost all criminal-procedural legislations of contemporary states, of course by several divergences that in most of the time are considered to be normal. Modest results of this scientific paper prove that Basic Prosecutions in the Republic of Kosovo during the period of time 2013-2017 have applied in relatively frequent cases this institute. During my research concerning this article I have used legal, analytical and statistical methods.

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