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- Published: March 7, 2023
Intersectoral cooperation on alternative punishments and juvenile criminal law
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.