Seminar on “Juvenile criminal proceedings: the role and tasks of the defence in preliminary proceedings”, held on 11-12 March 2023 in Prizren (Kosovo). Kosovo
The Kosovo Juvenile Justice Code of 2018 regulates criminal proceedings against juveniles in Kosovo and specifies significant procedural features and sanction options for juvenile offenders. In particular, the law contains several out-of-court diversionary measures which, under certain conditions, may lead to the juvenile criminal proceedings being dropped.
Against this backdrop, the IRZ, in cooperation with the Kosovo Bar Association, organised a seminar on 11-12 March 2023 on “juvenile criminal proceedings” in Prizren, Kosovo. The aim of the event was to compare legal perspectives, and an expert exchange on the role of the defence in juvenile criminal proceedings with a special focus on the investigation procedure.
On behalf of the IRZ, Mr. Lukas Pieplow, specialist lawyer for criminal law and former member of the national board of the Deutsche Vereinigung für Jugendgerichte und Jugendgerichtshilfen e.V. (German Association for Juvenile Courts and Juvenile Legal Support Agencies), presented the German legal framework and case studies from his professional practice. Mr. Pieplow reported on the historical development of German juvenile criminal law and discussed the prevailing educational thinking in juvenile criminal law with the participants.
The event also provided an opportunity to exchange views on various issues in juvenile criminal proceedings, including communication between the defence, the Public Prosecutor's Office and the court, the role of juvenile legal support agencies and aspects of the infrastructure and financing of alternative “out-of-court” measures.
A total of approx. 45 lawyers took part in the discussions on the two days of the event. In addition to the theoretical explanations, best practices and specific options for action by the legal profession in the investigation procedure were also explored, and the difficulties in implementation in both countries were also discussed.
The event was financed by the Federal Ministry of Justice and is part of the long-standing cooperation between the IRZ and the Kosovo Bar Association in the field of juvenile criminal law.
Prime Minister Albin Kurti receives the General Director of the IRZ, Dr. Frauke Bachler (centre), at the start of the joint anti-money laundering project Kosovo
The IRZ and the Prime Minister’s Office is implementing a project to combat money laundering in Kosovo, which is funded by the Federal Foreign Office.
Prime Minister Albin Kurti held discussions with the General Director of the IRZ, Dr. Frauke Bachler, the German Ambassador in Kosovo, Jörn Rohde and a team of experts and emphasised that assistance from Germany to tackle this issue is greatly appreciated and that he welcomed close cooperation.
To kick the project off, the team of experts held talks in Pristina from 8th to 10th March to exchange information with representatives from the major institutions engaged in combating money laundering as part of a needs analysis and to assess the current legal and factual situation.
The team of experts consisted of Senior Public Prosecutor Dr. Stefan Trunk, Thomas Seidel and Prof. Mohamed El-Ghazi from the University of Trier, and will formulate recommendations for action for a new interministerial working group this year and will also strengthen the networking of the various stakeholders in Kosovo. Part of the project is also to implement training in the detection of money laundering and new developments in the field of crypto currencies.
The current government considers that the combating corruption and money laundering is a priority. Against the backdrop of Kosovo's rapprochement with the European Union, the intention of the Kosovan government to step up the fight against money laundering to advance the rule of law, legal policy, administrative and economic development of the country is therefore a significant move.
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.
