FACULTY OF LAW DEPARTMENT: CRIMINAL LAW

MASTER STUDIES “ROBBERY AND THEFT ROBBERY ACCORDING TO THE PENAL CODE OF KOSOVO, WITH A SPECIAL OVERVIEW IN THE TERRITORY OF THE DISTRICT COURT IN PEJA, FOR THE PERIOD OF: 2006 – 2010”

Mentor: Prof.Dr.Bajram UKAJ

Candidate: Vllaznim SHEHU

PRISHTINË, 2013

CONTENT INTRODUCTION ....................................................................................................................4 - 6 CHAPTER I - I. CRIMINAL LAW ASPECTS OF CRIMINAL OFFENCE OF ROBBERY AND THEFT ROBBERY......................................................................................................................................7 1.History of criminal offences towards property............................................................................................................................................8 1.1.History of criminal offence towards property according to the Albanian criminal customary right...............................................................................................................................................8-9 1.2.History of criminal offence towards property according to the Criminal Law of KSA of Kosovo9-10 2. Theft robbery and robbery in the criminal comparative right....................................................11 2.1. Criminal offence towards property in the criminal legislation of Albania and other countries ....................................................................................................................11-13

CHAPTER I - II. CRIMINAL OFFENCE OF THEFT ROBBERY AND ROBBERY ACCORDING TO THE PENAL CODE OF KOSOVO 1.Llojet e veprave penale kundër pasurisë................................................................................14-15 2.Basic characteristics of criminal offence towards property...........................................................16 3.Criminal offence of theft robbery. 3.1.Concept, definition, act, headship and victims of criminal offence of robbery theft.............................................................................................................................16-18 3.2.Forms of doing criminal offence of theft robbery..................................................................................................................................18 3.2.1.Theft robbery towards the random person...................................................................18 3.2.2.Theft robbery by entering a house, apartment or local business..................................19 3.2.3.Theft robbery with a weapon and by many people......................................................19 4.The criminal offence of robbery.. 4.1.Concept, definition, act, headship and victims of criminal offence of robbery..............20-22 4.2.Forms of doing criminal offence of robbery........................................................................22 4.2.1.Robbery towards the random person...........................................................................23 4.2.2.Robbery in the well......................................................................................................23 4.2.3.Robbery based on the prior accompany with the victim.............................................24 4.2.4.Robbery by entering a house-apartment......................................................................24

4.2.5.Robbery by putting the well towards the bill collector or postman..........................................................................................................................................25 4.2.6.Armed robbery in financial institutions – The bank, Post office, KEK..................... 25 4.2.7.Simulation of robbery............................................................................................ 25-26 5.Serious cases of criminal offence of theft robbery and robbery.......................................... 26-28 5.1.The penal responsibility of co-perpetrators for serious cases of criminal offence of theft robbery.......................................................................................................... 28-30 6.Differences and similarities between the criminal offence of theft robbery and robbery..................................................................................................................31-32 CHAPTER I - III. CRIMINOLOGICAL ASPECTS OF CRIMINAL OFFENCE OF THEFT ROBBERY AND ROBBERY 1.Phenomenology of criminal offence towards property ........................................................33-35 1.1.Phenomenology of property criminality – some features of criminality towards property ........................................................................................................36 1.2.Phenomenology of recidivism of criminal offence towards property ...........................36-38 1.3.Performance and dynamics of criminal offence of theft robbery and robbery in the territory of the District Court in Peja, in the period of: 2006 - 2010....................................................39-41 2.Etiology of criminal offence towards property ........................................................................42 2.1.Roots (causes) of criminal offence of of robbery and theft robbery ...................................43 2.2.Criminogenic factors of criminal offence of robbery and theft robbery ........................43-51 2.3.Tipology of criminals......................................................................................................51-52 2.4.Perpetrators of criminal offence towards property ........................................................52-54

CHAPTER I - IV. PREVENTION AND FIGHTING THE CRIMINAL OFFENCE OF THEFT ROBBERY AND ROBBERY ............. ............................................................................................................. 55-56 1.The criminal politics for preventing and fighting the criminal offence towards property....56-57 1.1.Protective factors ( basic, international and scientific )................................................. 57-59 1.2.Repressive-institutional factors ( Policy, Prosecution, Courts and departments of corrections ) .............................................................................................59-63 1.3.Penal politics – impact of criminal sanctions and their execution on the prevention of criminal offence of robbery and theft robbery..........................................................................63-64 1.4. Fight of property crime as a part of National Strategy for fighting criminality .........64-65

C O N C L U S I O N ............................................................................................................66 - 67 L I T E R A T U R E ................................................................................................ 68 – 70

INTRODUCTION

Criminal offence of robbery and theft robbery are part of the group of criminal offence towards property, and if they are assessed in this frame, they’re criminal offences which violate the material goods of humans. But, the acts and the consequences of these criminal offences lead against life and body, and this characteristic makes these offencea be violent and very dangerous. The social risk of these offences, isn’t esentially in the material damage, except in the acts of the perpetrator who applies violence, threat and threatens the life and body of victims, in order to embrace or keep the object of a stranger.

Except the violent character of these criminal offences, in my selection for this theme has also had an impact the fact that the circumstances in Kosovo and after war (...material and spiritual damages, as individually and as collectively of Albanians; financial crises; transition; enormous presence of banned weapons in the country and region; and also the fragile condition of the state and democratic institutions in the country and region…) have created a favorable environment for the bigger presence of these criminal offences.

Object and purpose of the study

Object of the study in this work are the criminal offences of robbery, theft robbery and their shapes named in the territory of the District Court in Peja in the period of: 2006 – 2010.

In the aspect of criminal law doctrine, the object of study is the limitation of criminal offences of robbery and theft robbery. Meanwhile, in the judicial practice aspect, the object of the work is phenomenology, etiology, the effects of implementing the criminal sanctions towards the perpetrators of these criminal offences in the reviewing period, also the criminal politics in the implementation of a National Program for fighting these criminal offences.

Except the theoretical treatment of these essential criminal offences is the effort to be concentrated in the practical aspects of these criminal offences in the territory of the District Court in Peja, such as: 

Forms of presentation of the criminal offences of robbery and theft robbery;



Factors and reasons that pushed the defined categories of individuals in the act of criminal offences; as well as



Impacts of criminal politics (…criminal sanctions and social programs…).

Addressed issues in this work have resulted with my efforts to address them:  What are the measures of the presence of these criminal offences in the District of Peja?  What are the causes and consequences of criminal offences of robbery and theft robbery?  What are the forms of presentation of these criminal offences and is there needed any incoorporation of any form (example: criminal offence of armed robbery) displayed as a special criminal offence in the Penal Code of Kosovo?  What are the measures of recidivists’ presence in these criminal offences?  What are the causes of the appearance of criminal offences of robbery and theft robbery?  What are the results of the implementation of criminal sanctions towards the perpetranors of criminal offences of robbery and theft robbery?  What are the measures of the implementation of social programs on the prevention of these criminal offences? And,  What are the reasons for the approval of a National Program for the prevention and fight of the appearance of criminal offences of robbery and theft robbery.

Study methods

In the research of these criminal offences have been implemented: the juridical, logical, historical, statistical and comparative method and have also been used the evidences of the District Court in Peja, and also the Trials of the District Court in Peja.

Structure of the work

The work, except the introduction part also consists of 4 (four) chapters, conclusion and the used literature.

In the first chapter of this work, we deal with: criminal law aspects of criminal offences of robbery and theft robbery, within which is displayed a short historical review of criminal offences towards property, according to the Albanian customary right, according to the Criminal Law of KSA of Kosovo, also treating the criminal offences of robbery and theft robbery in the comparative right.

In the second chapter, we deal with: criminal offences of robbery and theft robbery according to the criminal legislation of Kosovo, and within this it’s displayed the concept, definiton, act, perpetrator and victims of criminal offences of robbery and theft robbery; act forms of criminal offences of robbery and theft robbery; stimulation of robbery; serious violation of robbery and theft robbery; criminal responsibility of co-perpetrators in the serious violations of criminal offences of robbery and theft robbery; also the differences and similarities between robbery and theft robbery.

In the third chapter, we review: criminological aspects of criminal offences of theft robbery and robbery, while treating the phenomenology of property offences, (recidivism and performance dynamics of criminal offences of theft robbery and robbery in the territory of the District Court in Peja, in the period of 2006-2010); also the etiology of criminal offences towards property (causes of criminal offences of robbery and theft robbery, criminogenic factors of criminal offences of robbery and theft robbery, tipology of criminals and perpetrators of criminal offences towards property).

In the fourth chapter objects of study are: defined aspects of prevention and fight of criminal offences of theft robbery and robbery, so that it’s dealed the criminal politics for the fight of criminal offences towards property (represive and protective factors, penalty politics, and the fight of property criminality as a part of National Strategy).

For the needs of this work, respectively, for as concrete as possible appearance of these criminal offences have been provided the relevant evidence of the District Court in Peja, and the right exemplar of court decisions for the presentation of forms of the manifestation of criminal offences of robbery and theft robbery.

Theoretical background

In the conclusion there have been displayed: the sources used during the scientific research of this problem: books, monography, scientific research work, The Constitution, Codes, Guide laws, Canon, Lexicons, Commentary, Journal, Decisions of the District Court in Peja, also evidences of the District Court in Peja.

CONCLUSION The property criminality is present in all of the phases of human society’s development. Along with the criminal offences against life and body, the crimes towards property are the earliest forms of criminal offences which violate property, but also the life and the body of the human. Based on this, there have always been efforts on the prevention of these criminal offences, and this ongoing processi has evolved in the meaning of the social treatment and as well as in the criminal law treatment. All of the modern criminal law systems, in the group of criminal offences towards property foresee criminal offences of robbery and theft robbery with almost similar content (... taking the stranger’s object by force...).

The research of the criminal law aspects of criminal offences towards property in general, meanwhile of theft robbery and robbery especially, highlight the facts that we deal with criminal offence, which except property attack even the life and body of the human, which is a distinctive feature of these criminal offences, from other criminal offences towards property. Spatial data for the period of: 2006 – 2010, for the presence of these criminal offences in the territory of the District Court in Peja, talk about defined oscillos, from a year to another in their appearance, and this, compared to other regions of Kosovo and wider, is not an exception. But, it must be emphasized that the number of these criminal offences mustn’t be a criterion of research assessments, because, based on the act, the tools used for the act of these criminal offences, the consequence, criminal offences of theft robbery and robbery are offences of high risk.

The research done regarding to the appearance of criminal offences of robbery and theft robbery in the territory of the District Court in Peja in the period of 2006-2010, gives a real review of phenomenology and etiology of these criminal offences, also the measures of the efficiency of the criminal politics in the process of prevention of these crimes. The data received from our research show that the perpetrators or these criminal offences are mainly men, of the average age - 28 years old, and of the general number of perpetrators – 43, 9 of them are recidivists.

The cited research proves that the biggest number of perpetrators of these criminal offences mostly come from the suburban parts of the region of Peja (...... from 43 perpetrators, from suburban parts come 27 people....), and from the general number of perpetrators, the biggest part – 33 of them are poor. All of these data correspond with the role of the financial – social, environmental factor and other factors determinant in the criminal behaviour of the defined category of these people. In this context, it must be emphasized the fact that the last war in Kosovo has evidently damaged the material position of citizens, which also presents an additional factor in the assessment of causes of the crime’s appearance.

With the purpose of fighting as successfully as possible these criminal offences, we need research and lightning of all the characteristics and features of these criminal offences, as from the theoretical aspect and also from the practical aspect, also the adequate treatment of the protective measures and penalty politics. The prevention and fight of criminality in general, and of criminal offences towards property (robbery and theft robbery) undoubtedly signifies the treatment of this problem in 2(two) levels, and in: the protective and represive field. Results from the research show that, the planned and programmed action of our country in the plan of criminal protection for preventing these criminal offences isn’t sufficient. This is proved by the fact that, the comparing data from a year to another, for the reviewing period, show oscillos in two directions (...the appearance level sometimes increases, sometimes decreases...). The theoretical treatment of the role issue of the protective and represive measures on the prevention of criminality, concludes that in this plan, the protective measures must be prior. But, this doesn’t exclude the need of represive measures, on the contrary, the actual level of the development of relevant institutions ( which isn’t satisfactory ), which deal with the criminal protection, imposes the implemention of represive measures. In this field, the genuine increase of the legal infrastructure and the professional ability of carriers of functions of judiciary and other staff is an imperative of time.

The criminal legislation of Kosovo, afterwar and ongoing is in a process of permanent changes. So, even the last changes of the Penal Code of Kosovo, made in 2012 are also a contribution in this field. These changes, have also included the criminal offences of robbery and theft robbery in

their form, so that the serious cases are included as special criminal offences and are included in the sanction of criminal offences of robbery and theft robbery. The new construction in the Penal Code is surely more rational, and as such will bring efficiency in the setting and judging of these criminal offences. Surely, thse changes don’t bring a final solution. So, the spatial data ( ...court evidence ) and the reserach done in different scientific levels prove that “the set shapes of the armed robbery”, due to its risk, appearance forms, and direct consequences – to the victims of criminal offences, and indirectly – cause of insecurity in the wide opinion, imposes the special treatment by the legislator, respectively, the sanction of this criminal offence as a special offence, which would resultt even with more serious penalties.

The research proves us that the Kosovan judiciary is still far from the standard that guarantees efficient implementation of the Law and of an efficient penalty politics. In fact, we’re witnesses of the many defects in the efficient implementation of the pre-criminal and criminal procedure, and in the complaint procedures ( ...many draggings in almost all of the phases of the criminal procedure ). We think that in the future, Courts must be more efficient ( speedy) in the treatment of these criminal issues, and to pay attention especially to the criterion in the pronouncing of penalties in order to achieve the penalty’s purpose as better as possible, so that the perpetrators of these criminal offences get resocialized and not become a prey of criminal recidivism.

The presented results of the research should be a base for creating the state politics for the prevention and fight of criminality. In this field the composition, approval and implementation of a National Strategy on the fight of criminality in general, and of criminal offences towards property especially, would be an important step.