Intersectoral cooperation on alternative punishments and juvenile criminal law

Hybrid seminar on “Juvenile criminal law - (alternative) punishments and measures for minors” in cooperation with the Kosovo Probation Service and the Kosovo Judicial Academy on 25-26 October 2022.
Hybrid seminar on “Juvenile criminal law - (alternative) punishments and measures for minors” in cooperation with the Kosovo Probation Service and the Kosovo Judicial Academy on 25-26 October 2022.
Kosovo

A disproportionate number of sentences without a suspended sentence are still being passed in Kosovo. In accordance with the “Strategy on the rule of law 2021-2026” of the Kosovan government and the Kosovo Ministry of Justice, alternative sanctions are imposed on an average of only approx. 3 % of cases, and mostly only to minors who commit offences.

Against this backdrop, IRZ organised a hybrid expert exchange in collaboration with the Kosovo Probation Service and the Kosovo Judicial Academy on 25-26 October 2022 on “Juvenile criminal law – (alternative) punishments and measures for minors”.

Six judges, five prosecutors and nine probation officers attended the event.

The main discussion topics included:

  • Imposition of diversion and educational measures
  • Measures and punishments for minors with mental health issues
  • Imposition of disciplinary measures and youth penalties
  • Features of juvenile criminal proceedings
  • Function of the juvenile court service/probation service in the investigation and court proceedings of juveniles and the enforcement of such
  • Cooperation between the probation service, judges and prosecutors

During the two-day event, Nesrin Lushta, Judge at the Supreme Court of the Republic of Kosovo, and Shpetim Peci, Prosecutor (Mitrovica Public Prosecutor's Office), provided a comprehensive presentation of the Kosovo legal framework and current practice in the field of juvenile justice. For the German side, Michael Grunwald, Senior Public Prosecutor (Berlin Public Prosecutor's Office) and Brigitte Koppenhöfer, former presiding judge at the Düsseldorf District Court, explained the German legal framework and proven approaches to the participants. The exchange focused on the cross-sector cooperation between judges, public prosecutors and probation services in the field of juvenile criminal law.

The aim of the seminar was to strengthen the network between the Kosovan probation service, judges and the public prosecutor's office and to consolidate the joint effort to impose more probation sentences. In this respect, the various actors should promote the essential transparent communication in daily practice using experience, expertise and cooperation between the respective institutions on an equal footing. In the long term, this should also contribute to the willingness to impose suspended sentences and other alternative sentences.

The event was funded by the Federal Foreign Office as part of the project “Support for several states in the Western Balkans in consolidating rule of law and European standards”. The cooperation with the Kosovan probation service and other professional groups from the judiciary will be expanded in 2023 in the form of round table discussions.

Internal and external communication of judicial authorities

Seminar on “Internal and external communication”, in cooperation with the Kosovo Prosecutorial Council (KPC) on 19-20 December 2022 in Pristina.
Seminar on “Internal and external communication”, in cooperation with the Kosovo Prosecutorial Council (KPC) on 19-20 December 2022 in Pristina.
Kosovo

Press officers of the Kosovo Prosecutorial Council (KPC) and various Kosovan public prosecutor's offices and courts discussed current issues of internal and external communication by judicial authorities on 19-20 December 2022. The exchange was the result of discussions within the framework of the cooperation between IRZ and  KPC and followed on from the long-standing cooperation between the two institutions in press and public relations work in the judicial sector.

The event offered the 19 participants the opportunity to exchange views on various aspects of internal and external communication, to identify current challenges and to ascertain the drivers and recommendations for everyday practice. In addition to the general principles of good communication, the speakers discussed cooperation between the police, the public prosecutor's office and court, data protection regulations in criminal proceedings, the possibilities of litigation PR and the use of social media by public institutions.

In this context, Ms. Brigitte Koppenhöfer, former Presiding Judge at the District Court of Düsseldorf, and Ms. Katrin Latki-Baier, PR and Communications Consultant, presented the German and partly European legal framework, existing guidelines and experiences and practical examples.

A committed exchange of experiences developed between the team of experts and participants from various professional groups and institutions during the two-day event.

The Federal Foreign Office financed the event, which is part of the project “Support for several Western Balkan countries in consolidating rule-of-law and European standards”.

IRZ will expand and deepen the cooperation with KPC on issues of communication and public relations in the justice sector in 2023.

Education and training for Kosovan judges and public prosecutors in the area of commercial law

Hybrid seminar on “Insolvency law - insights into Kosovan, German and European practice” in cooperation with the Kosovo Judicial Academy held on 8 November 2022.
Hybrid seminar on “Insolvency law - insights into Kosovan, German and European practice” in cooperation with the Kosovo Judicial Academy held on 8 November 2022.
Kosovo

IRZ is supporting the Kosovo Judicial Academy in the education and training of judges and public prosecutors. In 2022 the cooperation focused on commercial (criminal) law, and various seminars were held on the topic.

Seminar on “Insolvency law - insights into Kosovan, German and European practice”

In this context, a hybrid seminar on corporate insolvency law was held with the participation of 18 judges at the Judicial Academy on 8 November 2022. Speakers and participants at the event explored the national and European legal framework, practical aspects of insolvency proceedings, the role of the court, the interaction between the insolvency administrator, the company and its creditors and the rights and obligations of creditors. In this context, Mahir Tutulli, President of the Kosovan Commercial Court, first presented the Kosovan legal framework. Johannes Fritzen, Associate in the Frankfurt office of the law firm, Dentons, and member of the “Restructuring and Insolvency” practice group, then gave the participants an insight into German insolvency law and important aspects of international insolvency proceedings.

Seminar on “Anti-Money Laundering”

IRZ and the Judicial Academy organised another hybrid seminar on money laundering issues on 1-2 December 2022. The event was attended by three judges and six prosecutors. Prof Dr Mohamad El-Ghazi, Professor of Criminal Law and Criminal Procedure Law at the University of Trier and Director of the Trier Institute for Money Laundering and Corruption Criminal Law; Prof Dr Till Zimmermann, Professor of Criminal Law and Criminal Procedure Law including European and international references at the University of Trier, and Managing Director of the Trier Institute for Money Laundering and Corruption Criminal Law; and Prof Dr Kilian Wegner, junior professor for criminal law attended for the IRZ.

The main discussion topics included:

  • Money laundering as a crime associated with organised crime
  • The seizure and confiscation of the proceeds of crime
  • Procedural obstacles to the prosecution of money laundering
  • Possible alternatives to traditional money laundering
  • Relationship between predicate offence and money laundering
  • The role of the Financial Intelligence Unit (FIU) in combating money laundering
  • Criminal penalties in the area of money laundering
  • Issues of mutual legal assistance and international cooperation in money laundering investigations.

Behar Xhema, Deputy Director of the Kosovan Financial Intelligence Unit, and Valon Kurtaj, Judge at the Court of First Instance in Pristina, started by presenting the national legal framework and numerous examples from Kosovan practice for the various points on the agenda. The speakers and attendees then jointly identified the similarities, differences, current challenges and international best practices.

The Federal Foreign Office financed both events and participated as part of the project “Support for several states in the Western Balkans in consolidating rule of law and European standards”.

The aim of the seminars, which are organised in collaboration with the Kosovo Judicial Academy, is to share and extend the knowledge and skills among the participants. In addition, legal education and training in Kosovo should increasingly be based on European standards in terms of designing curricula, the capacities and quality of the teaching methods, academic content and teaching staff.

Cooperation with the Kosovo Judicial Academy on the issues of legal education and training will therefore also be the focus of project work in Kosovo in 2023.