The Legal Basis for the Execution of Criminal Sanctions in the Republic of Kosovo

Mr.sc.Resmi Hoxha

Mob.nr: +377 44 169018

Email: info@avokatura.com

Resmi Hoxha,

Zahir Pajaziti Square, H-1 No.8, 10000 Pristina

Kosovo

Abstract

The legal and practical aspect of the execution of criminal sanctions in Kosovo from 1945 until today has evolved through several periods and socio-political changes. Since 1945, when Kosovo was part of the Republic of Serbia within the former Yugoslavia, laws of Yugoslavia were in place. With the changes in the Yugoslav system, Kosovo wins its political independence in 1974 and becomes part of the Yugoslav Federal System.

During this period Kosovo adopted its laws and in accordance with the laws it established its correctional institutions. This period was very fruitful and successful for Kosovo in every field, and with this also on the establishment of the legal basis for the execution of the criminal sanctions. However, in 1989 this autonomy was violently abolished by Serbia and Kosovo became again part of Serbia and Serbia laws started being implemented.

In 1999, with the help of the international factor Kosovo, and as a result Kosovo started growing in every aspect. In 2008, Kosovo declared its independence and subsequently adopted its own Constitution. Many laws were promulgated in accordance with the Constitution and at the same time some of the existing laws were amended.

Criminal Sanctions derive from the Constitution of Kosovo, the Criminal Code and the Criminal Procedure Code, the Juvenile Justice Code, the Internal Rules of Procedure of the Kosovo Correctional Service, the Administrative Regulations of the Ministry of Justice, the International Prison Rules, the European Prison Rules and other international documents in the field of protection of human rights and freedoms. The Convention against torture and inhuman and degrading punishment has found its place in the Constitution of Kosovo.

The Constitution of Kosovo has provided for the Right to Fair and Impartial Trial where it guarantees every individual equal protection of their rights in the procedure before the courts, other state institutions and public officials.

The Criminal Code is of significant importance in the field of justice since it stipulates the criminal offenses, sanctions and measures against perpetrators of such offenses.

The Criminal Procedure Code stipulates the role of the parties, evidence, initial investigative actions, first and second preliminary hearings, accusations, plea agreement and other alternatives from trials, trial proceedings as well as legal remedies. Of great importance in this Code is the part which includes the provisions that regulate the pretrial detention, rendering and announcement of judgment etc.

The Law on Execution of Criminal Sanctions regulates the execution of criminal sanctions, minor offenses and measures for mandatory treatment, as well as the detention on remand.

Sub-legal acts, Administrative Directives, Internal Rules of Procedure, House Rules, etc., in accordance with the law, regulate precisely the work of the Correctional Institutions.

Keywords. Kosovo, Legislation, Constitution, International authorities-UNMIK-

The legal basis for the implementation of criminal sanctions in Kosovo

Within the system of legal norms that regulate the realization of criminal-legal requirements arising from the commission of a criminal offense, there are three branches of law: - criminal law (criminal law law or criminal law in the strict sense of word); - the right to criminal procedure (the right to criminal or formal criminal proceedings); and - the right to execute criminal sanctions (the right to criminal prosecution). Criminal law, the right to criminal proceedings and the right to execute criminal-law sanctions are part of the criminal law in the broad sense of the word. The study of the concept of criminal procedure relies on the definition of criminal procedure in terms of criminal procedural actions that are undertaken with a view to enlightening the criminal offense and disclosure of its perpetrator, as well as from the criminal procedural relations that take place between entities of criminal procedure [1].

Given that punishable offenses are divided into criminal offenses, economic delinquents, misdemeanors and disciplinary measures, the classification of punitive procedures in:

- criminal proceedings;

- procedure against economic delinquency;

- offense proceedings

- Disciplinary procedure.

Legal Matters to which other punishments (which are not criminal offenses) and other relevant sanctions and sanctions that may be pronounced as well as procedural legal issues regarding the way of action are described in the event of a suspicion that a punishable offense has been committed (which is not a criminal offense) - are regulated by special laws (eg in laws on offenses or disciplinary responsibility of persons) [2].

The legal and practice aspect of the execution of criminal sanctions in Kosovo from 1945 to today has gone through several stages of socio-political development and change. Since 1945, when Kosovo was part of the Republic of Serbia in the former Yugoslav state, the laws of the Yugoslav state were applied. This period lasted long in 1974 when Kosovo gained political independence and became part of the Federal System of Yugoslavia.

In this period Kosovo issues its own laws and in accordance with the laws it raises its Correctional Institutions. This period was very fruitful and successful for Kosovo in every area, and therefore in the execution of criminal sanctions. But in 1989, this autonomy was violently suppressed by Serbia and Kosovo again becomes part of Serbia and Serbian laws are being enforced.

But Kosovo began to reject all orders and duties from Serbia, which many people were forced to flee, while one part was convicted of long sentences and tortured and abused extremely. In 1999, after the war in Kosovo, with the help of the international factor, Kosovo gained independence and started building Kosovo in every respect. In 2008, Kosovo declares independence and issues its own constitution. In accordance with the constitution many new laws are issued and some existing laws are supplemented and amended [3].

The application of criminal sanctions is done on the basis of the highest constitutional and legal acts of the state and on the basis of international acts and norms. Criminal sanctions have its source in the Constitution of Kosovo [4], the Criminal Code of the Republic of Kosovo and the Criminal Procedure Code, [5] Law on Execution of Criminal Sanctions [6] Juvenile Justice Code, Rules Interior Ministry of Kosovo Correctional Service, Administrative Instructions of the Ministry of Justice, International Prison Rules, European Prison Rules and other international acts in the field of human rights protection.

Deprivation of liberty under the Constitution of the Republic of Kosovo

The Constitution is the highest legal act of the Republic of Kosovo, so the laws and other legal acts must be in accordance with this Constitution. [8] Such a response is found when we read the Constitution of the Republic of Kosovo - Article 16 paragraph 1. The Constitution is the document on which is based the entire legislation of the country, which regulates relations between the state and persons, state bodies between them and even defines the basis for regulating the relations between the two. Legislation not only needs to be based on the constitution, but it must be compatible with it. The Constitution is a source or starting point and a framework for other laws of the country. The Constitution defines the general principles and mechanisms of the special organization of the state. It creates government institutions by sharing power between them so that the rule begins with state mechanisms. Usually, the powers granted to state institutions are limited and an inter-control mechanism is established, thus maintaining the balance of their normal functioning [9].

In order not to leave the judicial system, it is important to say that an independent judiciary, which is also ensured by the Constitution, is fundamental to the function of the rule of law.

For the functioning of the rule of law, the Constitution of the Republic of Kosovo foresees the direct implementation of international agreements and instruments. [10] Human rights and freedoms guaranteed by international agreements and instruments are also guaranteed by this Constitution. International Conventions apply directly to the Republic of Kosovo and have priority, in case of conflict, to the provisions, laws and other acts of public institutions [11]. The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment has found its place in the Kosovo constitution. Just as the most essential thing for man, the Right to Life, is part of the constitutional process, [12] where it is emphasized that each individual enjoys the right to life. Of special importance is the prohibition of the sentence with Vedeje. [13] The Constitution guarantees the rights of liberty and security and therefore no one can be deprived of liberty except in the cases provided for by law and by a decision of the competent court when declaring the person guilty and imposing a prison sentence for a grounded suspicion of committing the criminal offense . Only in cases where deprivation of liberty on a reasonable basis is considered necessary to prevent the commission of a criminal offense and only for a short period of time shall be determined before the trial in the manner prescribed by law. [14] Anyone deprived of liberty must be made aware immediately of the reasons for deprivation in the language that he understands. Written notification on the grounds for deprivation should be made as soon as possible. A person who is deprived of liberty without a court order shall, within forty eight (48) hours, be served in front of a judge who decides on his or her detention on remand not later than forty eight (48) the deprived person is brought before the court. Every suspect who is arrested has the right to be tried within a reasonable period of time or to be released pending trial unless the judge finds that the person constitutes a risk to the community or has a risk of his / her departure before the trial .

He shall be deprived of liberty, shall be immediately informed that he has the right not to make any statement and that he is entitled to a defense counsel of his / her choice and has the right to inform without delay of such person of his choice. Persons deprived of their liberty by arrest or detention shall have the right to use legal remedies to challenge the lawfulness of arrest or detention. The case will be decided by the court within a short deadline and if the arrest or detention is unlawful, the release of the person will be ordered. Anyone who has been detained or arrested in violation of the provisions of this article shall be entitled to compensation in the manner prescribed by law. The person serving the sentence has the right to complain about the conditions of deprivation of liberty, in the manner prescribed by law.

The Constitution of Kosovo provides for the right to a fair and impartial trial, to whom everyone guarantees equal protection of the rights in the proceedings before the courts, other state bodies and public authority holders [15]. The Constitution when it speaks of the Principle of Legality and Proportionality in Criminal Cases states that no one can be charged or punished for any offense which, at the time of commission, was not determined by law as a criminal offense, with the exception of offenses which at the time of their commission, according to international law, constituted genocide, war crimes or crimes against humanity. [16]

The sentence imposed for a criminal offense can not be more severe than it was prescribed by law at the time of commission of the offense, and the severity of the punishment can not be disproportionate to the criminal offense.

Penalties are determined according to the law that was in force at the time of committing the offense, with the exception of offenses for which subsequent applicable law is more favorable to the perpetrator. In the chapter entitled to not be tried twice for the same offense, the Kosovo Constitution provides a person who has committed a criminal offense that can not be tried more than once for the same offense. [17]

The fundamental rights and freedoms of the citizens of Kosovo are guaranteed guaranteed by the Constitution, but may only be limited by law. [18]

Fundamental rights and freedoms guaranteed by this Constitution may be restricted to such an extent that it is essential for an open and democratic society to fulfill the purpose for which restriction is permitted. Restrictions on fundamental rights and freedoms guaranteed by this Constitution can not be made for any purpose other than those for which they are designated.

In the case of limiting human rights and the interpretation of those limitations, all public power institutions, especially the courts, are obliged to pay attention to the essence of the limited right, the importance of the purpose of restriction, nature, and volume restriction, the relationship between the limitation and purpose intended to be achieved, and to consider the possibility of achieving that purpose with a lesser limitation.

One of the powers of the President under the constitution is the proclamation of individual forgiveness, in accordance with the law on forgiveness. [19] The president pardons the criminal sanctions imposed on individuals in accordance with the special law on pardon. The Constitution is the basis and framework for the country's hierarchy

Principles of criminal punishment under the Criminal Code of the Republic of Kosovo

Following the Constitution of the Republic of Kosovo, the Criminal Code is of particular importance in the field of justice, as it defines criminal offenses the penalties and measures taken against perpetrators of various criminal offenses. This Code criminal offenses and penal sanctions foresees only those conduct that violates human rights and freedoms as well as other rights guaranteed and protected by the Constitution of the Republic of Kosovo and international law. [20]

Criminal procedural principles have a great importance in understanding the right to criminal procedure and its fair application in practice.

The criminal procedure in Kosovo relies on the following criminal procedural principles:

- Determination of material truth;

- Presumption of innocence;

- Principle in dubio pro reo;

- Accusatory principle;

- Principle of legality with the principle of officiality;

- The principle of opportunity;

- The principle of fair procedure;

- Principle of judicial independence;

- The principle of free evaluation of evidence;

- The principle of using native language;

- The principle of "equality of arms";

- The principle of transparency;

- The principle of compensation for damage and rehabilitation etc. [21]

According to the Officinal Principle and criminal prosecution, the criminal prosecution function is performed by the ex officio ex officio authority in the public interest irrespective of the will of the person who is harmed by the offense or any other person who would have had interest in the particular subject of (non) exercising the function of prosecution [22].

The offense principle relates to one of the three basic functions of criminal proceedings - the function of prosecution. This principle is not only related to the prosecution procedure because it extends throughout the criminal proceedings process. Bearing in mind that according to the principle of duty the function of prosecution is realized for the public interest this function in most legal systems is entrusted to the public prosecutor's office.

Contrary to the principle of criminal prosecution, the principle of access to the right to prosecution leaves the will of the injured person who pursues this pursuit through a private lawsuit. In the contemporary criminal procedure, the offense principle is in the foreground with the limitation of prosecution on the initiative of the injured party to the greatest extent possible. The interest in combating criminality and protecting society from criminal offenses exceeds many times the interest of the injured party and his desire which he would like to express in view of the initiation of the criminal prosecution [23].

According to the CPPRK, the principle of the offense was adopted, since for the largest number of criminal offenses the procedure is initiated ex officio by the public prosecutor. This right and duty is also the public prosecutor for criminal offenses that are prosecuted at the request of the injured party.

In addition to criminal offenses that are prosecuted ex officio (the vast majority of criminal offenses) and criminal offenses that are prosecuted at the request of the injured party (the smallest part of criminal offenses), in the special part of the PCCK is for some acts criminal prosecution is initiated under the private lawsuit (also the smallest number of criminal offenses) 8. For this reason, the PCPCK has foreseen that the plaintiff authorized for criminal offenses prosecuted ex officio is the public prosecutor, whereas for the acts that are prosecuted under private lawsuit is the private plaintiff (Article 6 paragraph 2). Considering that for the largest number of criminal offenses prosecution is initiated ex officio the duty and basic right of the public prosecutor is the investigation of criminal offenses and the prosecution of their perpetrators (Article 47 par.1).

In determining the criminal punishment for criminal offenses, penal sanctions and mandatory treatment measures, the Kosovo Criminal Code respects the principles such as:

· The principle of legality,

· The principle of humanism,

· The principle of justice,

· Principle of legality

In accordance with the principle of legality, no person may be convicted of a criminal offense if before its commission is not determined by law as a criminal offense and no criminal sanction or measure of compulsory treatment for that offense is envisaged. In determining guilty and punishing all perpetrators of criminal offenses before the law are equal and responsible. Appointment of the conviction will be fair and in accordance with the guilty verdict. From this it can be seen that the Criminal Code of Kosovo in the determination of guilt and punishment adheres to the principle of justice and that of humanity.

· The principle of proportionality

In the provision of criminal offenses, measures and the imposition of a criminal punishment, the Code provides for the degree of perpetration of the criminal offense and complies with it, while respecting human rights, to observe the principle of proportionality, which means that the criminal punishment will be imposed on the person in accordance with the proportionality of the danger posed by the criminal offense committed for the suburban community.

· The principle of justice

The definition of offenses under this Code is precisely defined and does not allow interpretation by analogy. In case of ambiguity, the definition of the offense and the criminal punishment is determined in favor of the person against whom the criminal procedure is conducted. Criminal Code of the Republic of Kosovo, Article 4 provides for criminal sanctions and measures of mandatory treatment, which are imposed on perpetrators of offenses [24]

Criminal Procedure Code of Kosovo

The basic object of the criminal procedure is the criminal case [25]. The criminal case is a real event, which by its content indicates a concrete criminal offense and its perpetrator, for whom criminal proceedings are conducted. [26]

After the war in Kosovo, the justice system faced various problems and difficulties. Thus, according to the Yugoslav Criminal Procedure Code 1999, there was an indispensable criminal justice system where investigations were conducted on the basis of criminal reports and were dominated by the Investigating Judge. Opportunity and means were insufficient to investigate crimes of a serious criminal nature, such as organized crime. [27]

Our country after the war is frequented by a large number of foreign nationals, as employees of UNMIK, workers of various non-governmental organizations, businessmen, tourists etc., who can commit criminal offenses in Kosovo. In such cases when the perpetrator and the injured party are foreign nationals, according to our criminal law, it is envisaged that the foreign prosecution of a foreigner may be entrusted to him, provided that that state also acts with our citizen (principle of repatriation) .The possibility and the procedure for the transfer (extradition) of such persons who committed criminal offenses in the territory of Kosovo is regulated by the Kosovo Criminal Procedure Code (Chapter XII VII, Article 516-533) [29] .

Special exemption from the territorial principle of our criminal law is for persons who exercise special functions (so-called legal-material immunity) eg, MPs, judges according to the constitutional provisions stipulates that "no one who participates in the trial can be summoned criminal responsibility for the opinion given in the case of taking a judicial decision ".

From legal immunity to substantive it is necessary to distinguish legal and procedural immunity.

Exemption from the territorial action of our criminal legislation is also recognized under international law. Under the Vienna Convention on Diplomatic Relations of 1961; Of the Vienna Convention on Consultative Relations of 1963 and the Agreement Concerning Certified Officers and Organizations in 1947 and 1954, foreign persons exercising certain duties in this field are exempted from the jurisdiction of our state. These are heads of states and their escorts, heads of diplomatic missions and members of their families. In Kosovo diplomatic immunity also enjoys UNMIK workers, OSCE, UNMIK police officers and KFOR [30].

Law on Execution of Criminal Sanctions of Kosovo

By final decision the court decision gets the final content, while the criminal proceeding the final conclusion.

Formal omission means that a court decision can not be challenged by regular legal remedies. Material incompetence means the impossibility of developing a new criminal procedure for the same offense. In the criminal proceedings, the two types of omnipotence come at the same moment. The final form or the omnipotence reach only in terms of the expression or the slang of the verdict, respectively the ruling, until the reasoning does not enter into the legal force. The legal provisions should regulate and ensure that the court decision issued in criminal proceedings is enforced when the legal conditions are met. In other words, the criminal procedure is directed at the issuance of different types of decisions, especially the verdict with the entry into force of which it is understood that the concrete criminal event was ultimately chosen. In terms of execution, it represents the realization of the criminal legal requirement established during the trial and contained in the final court decision, respectively the execution of the decision that was issued during the criminal procedure. The final shape and the executability as a rule come at the same time. Judgment can not be executed before it becomes effective. The procedural law provides for certain conditions for the enforceability of decisions so that the judgment is executed: when it is final; sent as such; when there are no legal obstacles to its execution (Article 135, paragraph 2). The ruling is, as a rule, executed when it has entered into force. Meanwhile, the ruling can be executed even before the final clause has been received if it is explicitly regulated by law (detention). Execution of the order begins immediately after its issuance, unless the body issuing it decides otherwise (Article 138, paragraph 1).

The purpose of this law is the execution of criminal sanctions, counterfeiting sanctions and measures of mandatory treatment, as well as the application of pre-trial detention. [31] The scope of this law is the execution of penal sanctions. According to this law criminal sanctions are [32]:

- the main sentences,

- alternative sentences,

- additional penalties and

- judicial observation

It is worth noting that the execution of compulsory rehabilitation measures is carried out in a particular institution in accordance with this law. The provisions of this law apply to the execution of criminal sanctions reviewed by domestic and foreign courts, in accordance with the Criminal Procedure Code, Juvenile Justice Code, Misdemeanor Law and International Agreements. [33]

The purpose of the execution of criminal sanctions under this law is the resocialization and reintegration of prisoners into society and its preparation for life. Execution of criminal sanctions provides for human treatment, executed impartially, fully respecting the rights of the convicted person, and encouraging the convicted person to re-socialize and reintegrate into society.

This law provides for the delivery of convicted persons to a correctional facility as well as their admission, placement, separation, checking, food, activities, health care, visits, as well as the individual program for re-socialization and correction. The resocialisation program includes the establishment in the appropriate sector, participation in educational activities, vocational training, cultural, sports, work, family ties and contact with the outside world, home leave, conditional release, early release as well as measures for the ultimate release. [34] According to this Law, the Minister of Justice issues a subordinate legal act - House Order, which regulates the organization and the way of life of convicted persons. Compared with the law on the execution of penal sanctions, there is a lack of institutional rules, which were issued by the Kosovo Correctional Service Directorate, and not by the Minister of Justice. We think that the Minister should issue Administrative Instructions to supplement and enforce this law, and to enforce this House law. After the law, administrative instructions from the Minister, internal institutional rules from the Kosovo Correctional Service Directorate and institutional household orders should be provided, which should be issued by correctional institutions in accordance with the Law, Administrative Instructions and Internal Rules. This law also foresees the benefits of convicted persons, such as visits to the institution and outside the institution, the passing of time to separate premises with the spouse, spouse, and holidays outside the correctional facility [35]. Think that vacation at home, annual leave, are not a benign but legal right such as parole, early release, forgiveness, and amnesty.

Sub-legal acts for the execution of criminal sanctions in Kosovo

Among other sources of criminal law, it should be mentioned those laws or legal norms which appear as an indirect, complementary and secondary source. Here, in the first place, the Code of Criminal Procedure and the Law on Execution of Criminal Sanctions should be mentioned, as important sources of criminal law are the law on court organization, law on prosecution and law on police.

Among the additional and additional sources, some other legal provisions should be mentioned. This is when the situation directly or indirectly refers or instructs another legal norm that clarifies or supplements the criminal law norm. These are the so-called blanket rates. For example. Article 152 of the PCCK foresees as a criminal offense anyone who in contravention of the legal provisions on termination of pregnancy and with consent of pregnant women interrupts pregnancy. Or criminal offense of ill-treatment, article 219 of the PCCK.

As indirect and complementary sources of criminal law are also other laws and norms or by-laws as well as general acts. Also as a source of criminal law are the rules of professions, technical rules, in cases when criminal law refers to these.

Indirect and complementary resources are more than necessary, the legal technique of the penal code is not possible to foresee all events, situations in everyday life or to follow with legal norms the rapid development of technique and science.

The right to fair and impartial trial applies both to civil and criminal trials [36]. The criminal prosecution procedure in Kosovo is regulated by the Criminal Procedure Code of Kosovo [37] and the Law on Execution of Criminal Sanctions. The verdict in the first instance court is pronounced by the presiding judge immediately after being taken by the court.38 This verbal announcement follows the verdict in writing. The verdict must be "drawn up in writing within fifteen days of its announcement when the accused is in detention, and within thirty days in other cases" [38].

Criminal judgments can only be executed when "when the delivery is made and when there are no legal obstacles to its execution" [39]. A legal impediment to execution is that the verdict is not final until "can not be challenged by appeal or when a complaint is not allowed" [40]. It is at this stage of the procedure, at the point of the final judgment, when the defendant is defined as a "convicted person" [41] and the sanction against him can be determined.

Since the Law on Execution of Penal Sanctions only in principle regulates the competencies, responsibilities, organization and functioning of the Correctional Service, the bylaws (regulations, administrative instructions, internal rules, house orders, etc.) define and complete the legal infrastructure of the Correctional Service Kosovo.

By their number and volume as well as their weight, the normative acts of the Kosovo Correctional Service are quite voluminous. The sensitivity of the work of this service dictates and requires the creation of multiple rules in order to regulate all segments of work in this service.

The required discipline, internal hierarchy and decision-making, the determination of clear responsibilities of all Corruption Service actors, different technical standards, health, rules of communication with the outside world, etc., require full legislative infrastructure [42].

Administrative Instructions

The Ministry of Justice has issued these administrative instructions referring to the Kosovo Correctional Service:

1. Administrative Instruction for the Admission and Placement of Prisoners in Correctional Facilities

2. Administrative Instruction for the Provision of Medical Services in Correctional Facilities

3. Administrative Instruction on Clothes and Presentation of Uniform Staff of Kosovo Correctional Service Institutions

4. Administrative instruction on the feeding of prisoners in correctional facilities

5. Administrative Instruction on the Calculation of Penalties and Release for Convicted Persons

6. Administrative Instruction Visits

7. Internal Rules for the Management of Private Money of Prisoners

8. Administrative instruction labor conditions and remuneration for the work of prisoners in correctional facilities

9. Administrative Instruction on Treatment of Prisoners in Correctional Facilities

10. Instruction for dismissal from the correctional facility

11. Administrative Instruction for Hygienic Packages and Food Packages

12. Correspondence administrative instruction

13. Administrative instruction on working conditions and compensation in case of inability to work for prisoners.

14. Administrative instruction work schedule of KCS personnel

15. Correctional staff working hours

16. Administrative instruction of the KCS staff vacancies

17. Administrative Instruction Disciplinary Procedures

18. Administrative Instruction Personnel Files

19. Administrative Instruction interruption of work relationship for the staff of the NESC

20. Administrative instruction on the evaluation of the performance of works

21. Administrative Instruction on the organization and structuring of the correctional service of the republic of Kosovo

22. Administrative Instruction Equal Opportunities Procedures

23. Administrative Instruction Procedures for Settlement of Disputes and Complaints

24. Administrative Instruction on the Probationary Period

25. Administrative Instruction Recruitment Procedures Administrative Instruction Procedures of Contracts

27. Administrative instruction for job descriptions

28. Administrative Instruction on Time Transfers in Special Premises of Correctional Facilities

29. Administrative Instruction on the Official Management of Archives in the KCS

regulations

The Kosovo Correctional Service as responsible for establishing the security and legal functioning of the Correctional Institutions has issued these Internal Rules;

List of Rules for Correctional Institutions, Housing Charges, Staff Rules:

· Purpose and domination;

· Secrecy of information;

· Dissemination and disclosure of information;

· Complaints and dissatisfaction of prisoners;

· Media Guidelines;

· Prisoners' meals;

· Admission of prisoners;

· Management of prisoners of the category - high and very high volatility;

· Tracking of prisoners with certainty by the Correctional Service Officers;

· Use of coercive means;

· Release procedures;

· Transfer of prisoners;

· Number of prisoners;

· Death in jail;

· Phone card procedures;

· Management of high risk prisoners for escaping;

· Checking the surrounding security zone;

· Checking entrance to prison;

· Control of vehicles entering and leaving the prison;

· Control of keys (their functioning);

· Control of tools;

· Control - raids (inmates and visitors);

· Disciplinary violations by prisoners;

· Violations of the law by prisoners;

· Separation of detainees (sending in solitary confinement);

· Division of juveniles;

· Prevention of security incidents

· Use of force;

· Use of firearms;

· Firearms Administration;

· Visits;

· Leave outside the prison;

· Provision of medical service;

· Finding the medical condition and consent for medical treatment;

· Refusal of food;

· Prevention of suicide and self-injury;

· Escorting prisoners in exceptional cases;

· Internal Rules of Work of the Unit for the Transport of Prisoners;

· Internal Rules of Operation for the Use of Firearms;

· Categorization of prisoners;

· Treatments-Regime for convictions;

· Treatments-Minor Regime;

· Treatments-Pre-detainees;

· Treatments-Regime for female convicts,

Home Order of Detention Centers and Correctional Centers

· House Order for Prisoners in the Correctional Center for Long Term Sentences in Dubrava,

· Domestic Juvenile Order in Lipjan Correctional Center,

· Domestic order for pre-detainees in 06 Detention Center,

Labor Procedures in the Kosovo Correctional Service

· Procedure for granting benefits to convicted and juvenile offenders;

· Classification and Reclassification of convicts;

· The concept of prisoner education;

· The Concept of Employment of Prisoners in Correctional Institutions;

· Development of programs for convicts and juveniles;

· Staff training at all levels of the Kosovo Correctional Service;

· Destinations of Correctional Institutions;

· Penalty planning for prisoners;

· The procedure for detention of prisoners at home;

· Procedure for education and education of juveniles in Lipjan Correctional Center;

Rules for Correctional Service Staff:

· Professional Behavior Standards;

· Discipline Code;

· Personnel Timetable;

· Correctional Staff Uniform;

· Civil Servant Regulations applicable to the KCS [43].

conclusion

The legal and practice aspect of the execution of criminal sanctions in Kosovo from 1945 to today has gone through several stages of socio-political development and change. Since 1945, when Kosovo was part of the Republic of Serbia in the former Yugoslav state, the laws of the Yugoslav state were applied. This period lasted long in 1974 when Kosovo gained political independence and became part of the Federal System of Yugoslavia.

In this period Kosovo issues its own laws and in accordance with the laws it raises its Correctional Institutions. This period was very fruitful and successful for Kosovo in every area, and therefore in the execution of criminal sanctions. But in 1989, this autonomy was violently suppressed by Serbia and Kosovo again becomes part of Serbia and Serbian laws are being enforced.

In 1999, after the war in Kosovo, with the help of the international factor, Kosovo gained independence and started building Kosovo in every respect. In 2008, Kosovo declares independence and issues its own constitution. In accordance with the constitution, many new laws are issued and some existing laws are supplemented and amended.

Criminal sanctions have its source in the Kosovo Constitution, the Criminal Code of the Republic of Kosovo and the Criminal Procedure Code, the Law on Execution of Penal Sanctions, the Juvenile Justice Code, the Kosovo Correctional Services Internal Rules, Administrative Instructions of The Ministry of Justice, the International Prison Rules, the European Prison Rules and other international acts in the field of human rights protection.

-The Constitution is the highest legal act of the Republic of Kosovo, is the document on which is based the entire legislation of the country

-After the Constitution of the Republic of Kosovo, the Criminal Code is of special importance in the field of justice, as it defines criminal offenses the penalties and measures taken against the perpetrators of various criminal offenses. This Code criminal offenses and penal sanctions foresees only those conduct that violates human rights and freedoms as well as other rights guaranteed and protected by the Constitution of the Republic of Kosovo

After the war in Kosovo, the justice system faced various problems and difficulties. Thus, according to the Yugoslav Criminal Procedure Code 1999, there was an indispensable criminal justice system where investigations were conducted on the basis of criminal reports and were dominated by the Investigating Judge. Opportunity and means were scarce to investigate crimes of a serious criminal nature, such as organized crime.

The 2003 Code was amended and completed in 2008, the Criminal Procedure Code of 2013 includes robust human rights guarantees and recognizes the needs and constraints of Kosovo as well as its legal and legal tradition.

This new Code of Criminal Procedure foresees changes in structure such as the amendment of the Law on Courts, the lifting of the confirmation hearing, etc.

The Code foresees the role of the parties, the role of evidence, initial investigative actions, initial and second counts of the Accusation, guilty plea agreement and other alternatives to the trial. The procedure in the main trial as well as legal remedies.

Of particular importance this code has in those parts of its provisions which regulate the enforcement of detention, the taking and announcement of the verdict,

- The Law on the Execution of Penal Sanctions aims at the execution of penal sanctions, misdemeanor sanctions and mandatory treatment measures, as well as the application of pre-trial detention. Scope of this law execution of penal sanctions. According to this law criminal sanctions are: - the main punishments, - the alternative sentences, - the additional penalties, and - the judicial remark

It is worth noting that the execution of compulsory rehabilitation measures is carried out in a particular institution in accordance with this law.

Since the Law on Execution of Penal Sanctions only in principle regulates the competencies, responsibilities, organization and functioning of the Correctional Service, the bylaws (regulations, administrative instructions, internal rules, house orders, etc.) define and complete the legal infrastructure of the Correctional Service Kosovo.

By their number and volume as well as their weight, the normative acts of the Kosovo Correctional Service are quite voluminous. The sensitivity of the work of this service dictates and requires the creation of multiple rules in order to regulate all segments of work in this service.

CONTENTS

Of particular importance is the fact that the Constitution of the Republic of Kosovo - Article 16 paragraph 1 treats the right to life, so the right to life is part of the constitutional treaty, where it is emphasized that each individual enjoys the right to life. Prohibiting the sentence with Vedeya is also of great importance since no one has forgiven anyone's life, so he has no right to take it. The Constitution guarantees the rights of freedom and security, a very important element for the movement of citizens. The Kosovo Criminal Code correctly cites the definition of criminal offenses, defines the offenses accurately and does not allow interpretation by analogy. In case of ambiguity, the definition of the offense and the criminal punishment is determined in favor of the person against whom the criminal procedure is conducted. Criminal Code of the Republic of Kosovo, Article 4 foresees criminal sanctions and measures of mandatory treatment, which are imposed on perpetrators of criminal offenses. This code has accurately defined the maximum and minimum of punishment for perpetrators. It is good that this code for the maximum sentence is foreseen for 25 years, which was the 40-year sentence as well as the life sentence sentence instead of the death penalty. From this it can be seen that the legal infrastructure has made a proper progress in imposing punishment for perpetrators of criminal offenses, as it does not foresee the death penalty, but in its place has determined the sentence of life imprisonment.

The law on the execution of criminal sanctions is aimed at the execution of penal sanctions, misdemeanor sanctions and measures of compulsory treatment, as well as the application of pre-trial detention. The scope of this law is the execution of penal sanctions. Following the completion and amendment, the Criminal Sanction Law strictly defines criminal sanctions, such as: main punishments, alternative punishments, additional penalties and judicial remarks.

It is worth noting that the execution of compulsory rehabilitation measures is carried out in a particular institution in accordance with this law. The provisions of this law shall apply to the execution of criminal sanctions reviewed by domestic and foreign courts, in accordance with the Criminal Procedure Code, the Juvenile Justice Code, the Misdemeanor Law and international agreements.

The purpose of the execution of criminal sanctions under this law is the resocialization and reintegration of prisoners into society and its preparation for life. Execution of criminal sanctions provides for human treatment, executed impartially, fully respecting the rights of the convicted person, and encouraging the convicted person to re-socialize and reintegrate into society. However, in accordance with this law, new institutions should be built that enable the execution of criminal penalties and for the moment there are no. There is no institution for juveniles who are subjected to juvenile education by the court, there is a lack of institution for the treatment of physically handicapped persons and special needs as well as the institution for prisoners who are alcohol-induced and narcotics. Therefore, it is imperative that the Ministry of Justice and the Kosovo Correctional Service should, as soon as possible, undertake concrete actions in setting up the institutional infrastructure for these convicts. In the absence of these institutions we can not say that all convicts are treated equally and in accordance with their needs. In the absence of these institutions we have treatment not condemned and non-human.

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[1] For an explanation of the definition of the Criminal Procedure from the aspect of criminal proceedings and procedural relations, see in more detail in V. I. Bayer, 1995, pp. 4-8.

[2] For previously issued rates, which have not been amended, see UNMIK Regulation 1999/24

[3] Hajrija Sijerçiq - Çoliq, Haris Halilovic, Criminal Procedure Law with Special Attention in Criminal Proceedings of Kosovo, Pristina, 2007

[4] Constitution of the republic of kosovo 2008, Prishtina

[5] Criminal Code of Republic of Kosovo, nr.04 / L-082, Pristinc, July 13, 2012 ,. Which law has entered into force on 1 January of the calendar year 2013.

[6] Law on Execution of Penal Sanctions No. 04 / L-149, July 23, 2013 Prishtina

[7] Juvenile Justice Code of the Republic of Kosovo no.03 & L-193Prishtinë, August 20, 2010

[8] Constitution of the Republic of Kosovo 2008, Pristina, Article 16

[9] Hajrija Sijercic - Çolic, Haris Halilovic, Criminal Procedure Law with Special Views on Criminal Procedure of Kosovo, Prishtina, 2007

[10] Constitution of the Republic of Kosovo, 2008 Prishtina, article 17

[11] Ibid., Article 22, Fundamental Rights and Freedoms

[12] Ibid., Article 25, Right to Life

[13] Ibid., Article 25, point 2

[14] Ibid, article 29, point 1.2

[15] Constitution of the Republic of Kosovo, 2008, Prishtina, Article 31

[16] Ibid., Article 33

[17] Ibid., Article 34

[18] Therein Article 55

[19] Apology Law No.03 / L-101.12 December 2008

[20] Criminal Code of the Republic of Kosovo, No. 04 & L-082, Pristina, July 13, 2012

[21] E. Sahiti, R. Murati, E. Kunshtek, 2004, p. 134

[22] H. I. Sijercic-Çoliq, 2005, p. 69