2018
American Journal of Humanities and Social Sciences Research (AJHSSR)
American Journal of Humanities and Social Sciences Research (AJHSSR)
e-ISSN : 2378-703X Volume-02, Issue-07, pp-01-06 www.ajhssr.com
Research Paper
Open Access
Suspension of criminal case investigation-Kosovo context Azem Hajdari Professor at University of Prishtina “Hasan Prishtina” Aktash, st."Lord Bajron” Pristina,1000, Kosovo ABSTRACT: One of the manners to address the progress of investigation is its suspension. Investigation duly is suspended by a special ruling rendered by a competent state prosecutor. Suspension of investigation is a procedural action that results with the cessation of conducting investigations for a particular period of time. The state prosecutor suspends investigations when it comes to conclusion that there is a fulfillment of legal requirements which determine the undertaking of such an action. In any case the ruling on suspension of investigation expresses effects which determine the postponement of deadline for conclusion of investigation, cessation of conducting investigative actions related to a concrete criminal case and non-inclusion of suspension of investigation time at determined time of investigation and time of statutory limitation of criminal prosecution. Within this scientific paper, in order to have a better picture of situations concerning suspension of investigation has been reflected the practical work of Basic Prosecution of Prishtina, Prizren and Mitrovica for the period of time 2015-2017. In this case, there have been conclusions and concrete suggestions considered to be in function of professional advancement of state prosecutor decision-making in relation to investigation of criminal cases, respectively to decision-making concerning suspension of investigation. KEY WORDS: State prosecutor, defendant, investigation, suspension, criminal offence.
I. INTRODUCTION Investigation constitutes the first phase of criminal proceedings. Investigation has an irreplaceable role in criminal proceedings course. This role, however, is linked to the purpose of legislator granted to this stage of criminal procedure. Consequently, the goal of investigation is related with the necessity to provide evidence and other necessary data based on which the state prosecutor shall decide on filing an indictment or dismissal of investigation. The state prosecutor suspends investigation by rendering a special ruling by means of which addresses this matter. The state prosecutor suspends the investigation whenever comes to conclusion by gathered evidence that: a) the defendant after commission of a criminal offence suffers from any disorder or temporary mental disability or other serious illness; b) the defendant escaped outside the country; or c) there are other circumstances which temporarily impede the successful prosecution of the defendant. Within this scientific paper related to suspension of investigation has been presented the practical activity of three of the seven Kosovo Basic Prosecutions, and that of the Basic Prosecution Office of Prishtina, Prizren and Mitrovica for the period of time 2015-2017. In this case have been presented data related to the number of cases involved to investigation, of those for which the suspension of the investigation was granted, as well as have been specified data concerning suspension of investigation cases, observing in terms of circumstances which had determine the necessity to undertake such an action. In this case, there have been conclusions and concrete suggestions considered to be in function of professional advancement of state prosecutor decision-making in relation to ruling on suspension of investigation. During the preparation of this scientific paper I have used the legal, comparative, analytical and statistical methods.
II. MEANING (NOTION) AND SEVERAL CONSEQUENCES RELATED TO SUSPENSION OF INVESTIGATION Investigation is the first phase of criminal proceedings serving as a premise for its further conducting (Hajdari, 2013). It includes in itself the goal to gather evidence and other necessary information to decide on filing an indictment or dismissal of investigation (Primorac, 2012), respectively the goal to collect evidence whose provision at the main trial would be impossible or difficult (Hajdari, 2013). The initiated investigation duly follows the course of its continuous conduct towards its conclusion, but nevertheless, in process of conducting investigation may appear also factual circumstances based on which should be authorized its suspension (Petrić, 1986). Therefore, one of decision-making manners in course of conducting investigation is also its suspension. In fact, the suspension of investigation means temporary stoppage of conducting investigations.
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