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REPORTON THE PERFORMANCE OF THE PUBLIC PROSECUTOR

OFFICES OF THE REPUBLIC OF KOSOVA FOR THE YEAR 2008

Prill/2009

1

Acronymous:

SCM -System of Case Management

CE -Council of Europe

PCPP -Provisional Code of Penal Procedure

PPCK -Provisional Penal Code of Kosova

KPLJ -Kosova Penal Law for Juveniles

MP -Municipal Prosecutor

MPPO -Municipal Public Prosecutor Office

DPO -District Prosecutor Office

DPPO - District Public Prosecutor Office

ORP -Office of Republican Prosecutor

KSPO - Kosova Special Prosecutor Office

RPPOK -Republican Public Prosecutor Office of Kosova

KSPO - Kosova Special Prosecutor Office

KJC -Kosova Judicial Council

MIA -Ministry of Internal Affairs

MOJ -Ministry of Justice

UNMIK -Interim Administration of United Nations, Mission in Kosova

2

Introduction

Public Prosecutors Office pursuant to the law is independent body responsible for the investigation of the criminal acts, for the exercise of penal prosecution against the suspected persons on committing the criminal acts which are prosecuted according to the official duty or the proposal of damaged party, for the supervision of the police work during the investigation of the suspected persons for committing the criminal acts and for the collection of the information for the initialization of criminal procedure.

Public Prosecutors Office performs also other duties foreseen by law. Realization of the function of Prosecutors office enables the separation of the prosecutors office function from judiciary function.

Prosecutors Offices as independent bodies base their work on the principles of independence against all the participants. in the criminal procedure and other state bodies.

Based on the law some the Public Prosecutors tasks are performed from Kosova Special Prosecutors Office and one of primary duty of this prosecutors office is fighting the criminality in the Republic of Kosova.

Public Prosecutors Offices in Republic of Kosova are functioning in three levels:1) Municipal public Prosecutors Office - 7 prosecutors offices existing;2) District Public Prosecutors Offices – 5 prosecutors offices existing ;3) Public Prosecutor Office of Republic of Kosova and

4) Special Prosecutor Office of Republic of Kosova .The organization of the Public Prosecutors offices of Republic of Kosova is in the following chart:

The work of the Public Prosecutors office is administered taking into account the e statistical data which are collected every three months and at the end is reported for all the year. .

The statistics of the Public Prosecutors Office in Kosova is kept according to the persons (perpetrators of the criminal acts) and not according to the number of the committed criminal acts and for this the statistic of the prosecutors offices is not the same with the police statistic which is kept according to criminal report 1).

1) Criminal report may have more persons .

3

6415

47 2370

39460

MPPO

DPPO

SPPOK

PPORK

The statistic of the Prosecutors Office is focused in the data : - For Adult perpetrators of the criminal acts - Juvenile perpetrators of the criminal acts - Unknown perpetrators of the criminal acts - Different criminal cases, - Perpetrators of economical offences and the , - Criminal cases in the procedure of second instances. The work report for Public Prosecutors Office of Kosova reflects all the work in

all the prosecutors office and the work of the prosecutors offices separately. The report of Public Prosecutors office in the level of Republic of Kosova will be

complete because in this report are missing the data for the Municipal Public Prosecutors Office in Mitrovica and the report of District Prosecutors Office in Mitrovica which didn’t work because of they forced out of the building.

For the first time in this year will be reflected also the first report of the Special Prosecutor Office and for this the comparison of data will be difficult.

It is worth mentioning the fact that the Public Prosecutors Offices of the republic Of Kosova still have no instruction for the internal activity for that reason the prosecutors are in of the unenviable position concerning the reporting which means the reports are not unique in all the prosecutors offices.

Work Report of the Public Prosecutors Offices of the Republic Of Kosova for 2008

During 2008 Public Prosecutors Offices received in total 48292 criminal reports(cases).Number of criminal reports –cases received for solving: - 39460 or 81,7% of criminal reports belong to Municipal Public Prosecutors Offices;

- 6415 or 13,3% of criminal reports-cases belong to District Public Prosecutors Offices; - 47 or 0,1% of criminal reports –cases belong to Kosova Special Prosecutors Office and - 2370 or 4,9% of the cases belong to Public Prosecutors Office of Republic of Kosova Under the assumption of Mitrovica MPPO and DPPO they would have receive the same number of criminal reports they had in 2007. In 2008 the number of criminal reportswould have been 54139 which means that the number of the criminal reports comparing with 2007 would have been increased for 2644 or 5,1 %. Based on the structure of the criminal reports it is seen that 81,7 %of the criminal reports belong to Municipal Public Prosecutors Office which is reflected also in the following chart.

4

The structures of the criminal reports-cases which were received for solving in the Kosova Public Prosecutors Office during 2008 based on the type of the criminal reports is seen as follow::

- 19712 or 40,8% criminal reports of adult perpetrators of criminal acts, - 2059 or 4,3% are criminal reports of juveniles perpetrators of c.a, - 12989 or 26,9% are criminal reports of unknown perpetrators of criminal acts , - 9967 or 20,6% are different criminal cases , - 1143 or 2,4% are criminal cases of second instance, - 52 or 0,1% are criminal administrative cases - 2370 or 4,9% belong to Kosovo Public Prosecutors Office

1971

2

2059

1298

9

9967

1143

52

2370

0

2000

4000

6000

8000

10000

12000

14000

16000

18000

20000

Ault Perpetrators of

c.a

Juvenileperpetrators of

c.a

Unknown perpetrators

of c.a

Diferent criminacases

Penal cases of secondinstance

Administrativepenal cases

PublicProsecutors

Office ofRepublic of

Kosova

From the chart reflection it can be seen that the Highest Number of the criminal reports are for adult perpetrators (40,8%).

Criminal reports for the juvenile perpetrators in 2008 comparing with previous year is minimized with 0,1 % but taking into account that in the report are not included Mitrovica MPPO and DPPO then as outcome, the juvenile perpetrators in 2008 comparingwith 2007 have increasing tendency 26,9 % is The general number of criminal reports for unknown perpetrator.

5

MUNICIPAL PUBLIC PROSECUTORS OFFICES

The structure of the criminal reports –cases received for processing

Municipal Public Prosecutors Offices during the reporting period received for processing 39460 criminal reports – cases.

The structure of the criminal reports-cases is as follow:

- 17744 or 45,0% are criminal reports of adult perpetrators of criminal acts, - 1872 or 4,7 are criminal reports of juvenile perpetrators of criminal acts,

- 11823 or 30,0 are criminal reports of unknown perpetrators, - 7969 or 20,2 % are different criminal acts and - 52 or 0,1% are administrative criminal acts.

The following chart shows the structure of the criminal reports-cases:

1774

4

1872

1182

3

7969

52

0

2000

4000

6000

8000

10000

12000

14000

16000

18000

Adult perpetrators of c.a

Juvenile perpetrators of c.a

Unknown perpetrators ofc.a

Diiferent criminal cases

Penal administrativecases

In 2008 the number of the criminal reports-cases is reduced comparing with 2007 for 3299 pr 7,7%. Under the assumption that Municipal Public Prosecutors Office in Mitrovica would have receive the same number of the criminal reports –cases as in 2007 (4675) then in 2008 would have been increased the number of criminal reports for 1376 or 3,2 %.

The number of the criminal reports for the adult perpetrators in 2008 was increased for 404 or 2,3 % (without Mitrovica). Under the assumption that MPPO in Mitrovica would have receive the same number of the criminal reports as in 2007 then the number of the adult perpetrators would have been increased for 2482 or 14,3%.

The criminal reports for the adult juveniles were reduced for 146 or 7,2 % but under the assumption that MPPO in Mitrovica would have been receiving the same number of the criminal reports as in 2007, then in 2008 would have been increased the number of criminal reports for 169 or 8,4 %.

6

It is worth mentioning the fact that the criminal reports for the unknown perpetrators in 2008 comparing with previous year have been reduced for 2657 or 18, 3% of the criminal reports.

Under the assumption that MPPO in Mitrovica would have receive the same number of the criminal reports in 2008 would have been reduce of the criminal reports forthe unknown persons for 605 or 4,2%.

In 2008 the number of the different criminal acts is minimized comparing with previous year for 952 or 10,7%.

If Mitrovica MPPO in the reporting year will receive the same number of the cases in 2008 the number of different cases would have been reduced for 722 or 8,1%.

Among the different criminal acts in 2008 (7969) there 5 different criminal cases (information) where were sent by Kosovar Agency Against the Corruption .Starting from the actuality of the criminal reports from the Kosovar Agency against the Corruption the number of information from the Kosovar Agency against the Corruption is not adequate with the number of information which should have been presented to Municipal Public Prosecutors Offices.

Except the criminal reports , The Municipal Public Prosecutors Offices received for proceeding 52 administrative criminal cases, these are particularly criminal reports were given on the competence of minor offences courts.

- Criminal reports for the adult perpetrators - Criminal reports for juvenile perpetrators - Criminal reports for the unknown perpetrators - Different criminal cases - Administrative criminal cases Total

The alterations of the criminal report for 2007 and 2008 are reflected in the following chart:

17340

17744

20181872

14480 11823 89217969

52

42759 39460

0

5000

10000

15000

20000

25000

30000

35000

40000

45000

Adult perpetrators ofc.a

Juvenile perpetratorsof c.a

Unknow n perpetratorsof c.a

Different penal cases

Administrative penal Total

Year 2007

Year 2008

Year 2007 Year 2008 Year 2008 compared with 2007 + or -

17340 17744 + 404 or + 2.3%

2018 1872

- 146 or - 7.2%

14480 11823 - 2657 or - 18.3%

8921

7969 - 952 or - 10.7%------ 52 ---- or ----

42759 39460 - 3299 or - 7.7%

7

DISTRICT PUBLIC PROSECUTORS OFFICES

Structure of Criminal Reports –penal cases received for proceeding.

District Public Prosecutors Offices during 2008 received for proceeding 6415 criminal reports-cases. The structure of the criminal reports-cases is as follow.:

- 1922 or 30, 0 % are criminal reports of adult perpetrator;- 187 or 2, 9% are criminal reports of juvenile perpetrators ;- 1165 or 18, 2% are criminal reports of unknown perpetrators;- 1143 or 17, 8% are different criminal reports and- 1879 or 29, 3% are criminal cases in the procedure of second instance .

The structure of the criminal reports-cases is reflected in the following chart:

1922

187

1165

1143

1879

0

200

400

600

800

1000

1200

1400

1600

1800

2000


Juvenile perpetrators of c.a

Unknow n perpetrators of c.a

Different penal cases Penal caes of second instance

From the structure of the criminal reports it can be seen that the Highest Number of the criminal reports is of adult perpetrators 30,0 %. Under the assumption that District Public Prosecutors Office in Mitrovica would have been receiving the same number of criminal reports as in 2007 (458) then the number of the criminal reports of adult perpetrators would have been increased for 34 or 1,4 %.

The number of the criminal charge for the juvenile perpetrators in 2008 withoutDPPO in Mitrovica it has been increased for 2 or 1,1 % of criminal reports.Under the assumption of DPPO in Mitrovica in 2008 would have received same number of the criminal reports as in 2007 (44) then the number of the cases would been increased for 46 or 24,7 %.

The number of the criminal reports for unknown perpetrator in 2008 without the DPPO in Mitrovica is increased for 242 or 26,2 %.If in 2008 DPPO in Mitrovica would have receive the same number of the criminal reportsfro unknown perpetrators as in 2007 (165) then the increase would be 44,1 %.

Enormous increase of the criminal reports of unknown perpetrators is more perturbing when is known that on 2008 only 1,4 % of these cases were discovered.

8

In 2008 DPP Offices received for proceeding 1998 different criminal casesThe number of different criminal cases is reduced also without the cases of DPPO in Mitrovica for 95 or 4,5%.

In the received number of these different criminal cases are included 24 information received from the Kosovar Agency against the Corruption.

Concerning the criminal cases of second instance, the number of thee cases in 2008 compared with 2007 is increased fro 1 or 0,2 % (without DPPO Mitrovica.

Under the assumption that DPPO in Mitrovica would have receive the same number of these cases , then the number of the cases in the procedure of second instances would have been increased for 305 or 26,9 %.

The increase number of the criminal case of second instance shows that at the prosecutors offices is increased the non compliance with the court decisions and for that unsatisfied with the court decision the submit complaints (appeals).

- Criminal reports for the adult perpetrators- Criminal reports for juvenile perpetrators - Criminal reports for unknown perpetrators - Different criminal cases - Criminal cases in the procedure of sec inst Total

The following chart shows the structure of the criminal reports-cases:

2346 1922

185187

923

1165

20931998

11411143

6688 6415

0

1000

2000

3000

4000

5000

6000

7000


Juvenile perpetratorsof c.a

Unknow nperpetrators of c.a

Different penal cases

Penal cases of theprocedure of second

instances

Total

Year 2007

Year 2008

Year 2007 Year 2008 Year 2008 comparedwith 2007 + or -

2346 1922 - 424 or - 18.1%

185 187 + 2 or + 1.1%

923 1165 + 242 or + 26.2%

2093 1998 - 95 or - 4.5%

1141 1143 + 2 or + 0.2%

6688 6415 - 273 or + 6.9%

9

180

84

6 41

36Sent to competent autho.

Dissmiss of criminal report

Suspended investigation

Inditment after investigation

Remained unsolved

SPECIAL PROSECUTOR OFFICE OF KOSOVA

Special Prosecutors Office of Kosova during 2008 received for proceeding 46 criminal reports with 156 persons. The criminal reports which are particularly proceeded in this prosecutors office are about organized crime .From the criminal reports received for proceeding in the reporting year (46) , 35 or 76,0 % were submitted from the KPS, 5 or 10,9 % submitted from the Kosovar Agency against the Corruption, 5 or 10,9% from the damaged citizens. and 1 or 2,2 % submitted from the Inspectorate of Administrative Bodies.

Taking in consideration the cases of 191 persons which were not solved in previous year and the cases of 156 persons which were received for proceeding in 2008 outcome is that the Special Prosecutor office had for proceeding cases of 347 persons.

Concerning the reports of 347 persons, Special Prosecutor Office of Kosova decided as follow:

- 6 or 1,7% of the persons, their cases were sent in competence of other prosecutors offices;

- 41or 11,8% of the persons was (dismissed ) the criminal report;- 36 or 10,4 % of the person was suspended the investigation- 84 or 24,2% of the persons was formulated the indictment after the investigation

and-180 or 51,9% of the persons at the end of 2008 remained unsolved .Since there are no data from the previous years for the Special Prosecutor Office of

Kosova then is not possible to make any comparison.In the following chart is shown the how the criminal reports were solved from the

Special Prosecutor Office of Kosova:

10

621

550

10 10

313

514

106 93

388

599

288 263

162 129

160

212

0

100

200

300

400

500

600

700

Appeals onverdicts(PPA)

Appeals onverdicts for

juveniles(PPM)

Detentions(PPP)

Differentpenals (PPN)

Civilreview ing

(CRK)

defense oflegality (all

f ields)

Request formitigation

(PPZ)

Administrative

Year 2007

Year 2008

PUBLIC PROSECUTOR OFFICE OF REPUBLIC OF KOSOVA

During 2008 Public Prosecutor Office received for proceeding 2370 cases.The structure of the criminal cases received fro proceeding is as follow:

- Appeals on Judgments (PPA) 550 or 23,2 %,- Appeals on Judgments for juveniles(PPM) 10 or 0,4%,- Detention (PPP) 514 or 21,7%,- Different penal cases (PPN) 93 or 3,9%,- Civil reviewing (CRK) 599 or 25,3%,- Defense of Legality (all fields)263 or 11,1 %,- Request from mitigation (PPZ) 129 or 5,4 % or- Administrative 212 or 8,9%

In 2008 compared with 2007 Public Prosecutor Office or the Republic of Kosova received 322 or 15, 7 % cases more than in 2007.From the cases received for proceeding in 2008, in the reporting period were solved 2367 or 99, 9 % and at the end of the year remained unsolved 3 or 0,1 % of the cases received for proceeding .

Except the criminal cases Public Prosecutor Office is competent also for monitoring the work of MPPO and DPPO , related to this the office for Statistics and analyses has no any data available.The following table shows the process of criminal acts on 2008 and comparison with 2007:

year 2008 compared2007Year 2007 Year 2008

+ or -

Appeals on Judgments (PPA) 621 550 - 71 - 7.1%Appeals on judgments for juveniles (PPM) 10 10 0 0Detention (PPP) 313 514 + 201 + 6.4%Different Penal cases (PPN) 106 93 - 13 - 1.3%Civil Reviewing (CRK) 388 599 + 211 + 6.4 %Defense of legality (all fields) 288 263 - 25 - 3.0%Requests for mitigation (PPZ) 162 129 - 33 - 2.5%Administrative 160 212 + 52 + 1.1 %

11

REPORT OF THE PUBLIC PROSECUTOR OFFICE OF THE REPUBLIC OF KOSOVA AS PER CRIMINAL REPORTS

Workload of the prosecutors with criminal reports in 2008

Status on 31/12/2008

Prosecutors workload with criminal reports

NAME OF PROSECUTOR OFFICES No. of

prosecutors on

31/12/2008

No. of profession

alcooperator

s

Nr. ofprosecutors loaded with

work for criminal reports

Prosecutors workload with

criminal chargers for

2008

Number of criminal

reports for 1 prosecutor for

2008

1 2 3 4 5( kol 4:kol 4 )

Municipal Prosecutor Offices 3)

1 " Gjilan 7 (-1) 2 6 3842 6402 " Prizren 9 (-1) 2 8 3829 4793 " Pejë 5 2 5 2991 5984 " Gjakovë 3 - 3 935 3125 " Prishtinë 15 (-2) 5 13 7957 6126 " Ferizaj 6 (-1) 2 5 2543 508

7 " Mitrovicë 6 (-1) - - --- ----

TOTAL 51 13 40 22097 552

District Prosecutor Offices

1 " Gjilan 5 - 5 412 822 " Prizren 7 2 7 455 653 " Pejë 7 3 7 640 914 " Prishtinë 7 (+1) 3 8 1379 172

5 " Mitrovicë 5 (-1) 1 - -----

Total 31 9 27 2885 107

Special Prosecutor Office of Republic of Kosova

6 4)

9 6 46 8

Public Prosecutor Office of Republic of Kosova

6 - 6

TOTAL 88 22 73

___________________________________________________________________________________________________________________________________________________2)

For Municipal and District Public Prosecutors Offices In Mitrovica , there is no data because they were forcedo out. From the building in north Mitrovica. . 3)

Numbers in parentheses in column 1 have to do with the suspended prosecutors, prosecutors hat were nominated in middle of 2008 and Serbian prosecutors which are not working...4) The number of prosecutors of Special Prosecutor office of Kosova is not included in the total number of Kosovo Prosecutors , means Republic of Kosova has 88 prosecutors

without the prosecutors of Kosovo Special prosecutors office.

12

Municipal Public Prosecutor Offices during 2008, received for proceedings totally 22097 criminal reports, taking in consideration the criminal reports for unknown perpetrators assessed in the report with criminal reports for adult perpetrators 8:1 and different criminal cases assessed in the report with the criminal reports for adult perpetrators 8:1 and the criminal cases in the procedure of the second instance assessed with adult perpetrators in the competence of DPPO 1:3.

During the reporting period each Municipal Public Prosecutor Office received 552 criminal reports for every prosecutor compared with 2007 in the reporting year they each received 34 criminal reports more than in previous year (518).

MPPO in Gjakova received 108 criminal reports under the average of Kosova, MPPO in Prizren received 73 criminal reports under the average of Kosova and MPPO in Ferizaj received 71 criminal reports under the average of Kosova.

The most loaded was the Municipal Public Prosecutor Office in Gjilan with 640 criminal reports for one prosecutor or 88 criminal reports above the average of Kosova. MPPO . MPPO in PEja was loaded with 46 criminal reports above the average of Kosova and MPPO in Prishtina was loaded with 40 criminal reports above the average of Kosova.

During the reporting period District Public Prosecutor Offices received for proceedings 107 criminal reports for every prosecutor , compared with 2007 the DPPO received received 10 criminal reports more than in previous year.

Every DPPO –s with the exception of DPPO in Prishtina received 172 each or 65 criminal reports above Kosova average.

The DPPO less loaded with criminal reports for proceedings was the DPPO in

Prizren ,42 criminal reports under Kosova average, DPPO in Gjilan 25 criminal reports under the average of Kosova and DPPO in Peja 16 criminal reports under the average of Kosova.

Special Prosecutor Office of Kosova in the reporting year receive 8 criminal reports in the year for every prosecutor. From the average received criminal reports for one prosecutor (8 criminal reports in the year), it can be seen that the prosecutors of the Special Prosecutor Office of Kosova were not engaged with their full capacity because the annual norm of one Prosecutor of DPPO is 60 criminal reports (for one year). “Human Dynamics“ –The Section for Public Counselling, in 2007 has determined the annual norm of 250 penal charges which are to be solved by a prosecutor of MPPO within a calendar year, whereas for the District Public Prosecutor Offices the norm was determined in 60 penal charges for one prosecutor during a calendar year. Based on the norms, 250 penal charges for MPPO and 60 penal charges for DPPO-s, then to be more correct the MPPO-s must have had 88 prosecutors, respectively DPPO-s must have had 48 prosecutors (without Mitrovica). Based on the aforementioned, it can be found that the MPPO-s and DPPO-s are overloaded with penal charges.___________________________________________________________________________5) Criminal reports for the unknown perpetrators and the different criminal reports are assessed in proportion with the criminal reports of adult perpetrators 1:8 6)

Criminal reports of the second instances are assessed in proportion with the criminal reports of adult perpetrators of DPPO-s 1:3

13

82

65

91

172

8

107

0

20

40

60

80

100

120

140

160

180

DPPO - Gjilan

DPPO - Prizren

DPPO - Pejë

DPPO - Prishtinë

DPPO - Mitrovicë

Special Prosecutor Office

Average

DPPO - Gjilan

Average

-et-et

In the following table is shown the workload of the Municipal and District Prosecutor Offices:

Workload of Municipal Public Prosecutors with criminal reports

Workload of District Prosecutors with criminal reports

640

479

598

312

612

508 55

2

0

100

200

300

400

500

600

700

MPPO - G

jilan

MPPO - Prizren

MPPO - Pejë

MPPO - G

jakovë

MPPO - Prishtinë

MPPO- Ferizaj

MPPO - M

itrovicë

Avarage

MPPO - Gjilan

Avarage

MPPO - et-s

-s

14

Efficiency of the Prosecutors on solving the criminal reports in 2008

Status on 31/12/2008

Efficiency of the Prosecutors on solving the criminal reports

NAME OF THE PROSECUTOR OFFICES No. of

prosecutors on

31/12/2008

No. of profession

al cooperator

s

Nr. Of prosecutors engaged on solving the

criminal reports

Efficiency of the

Prosecutors on solving

the criminal reportsfor 2008

Number ofcriminal

reports solved by one

prosecutor for 2008

1 2 3 4 5( kol 4:kol 3 )

Municipal Prosecutor Offices 3)

1 " Gjilan 7 (-1) 2 6 3527 5882 " Prizren 9 (-1) 2 8 3464 4333 " Pejë 5 2 5 2664 5334 " Gjakovë 3 - 3 840 2805 " Prishtinë 15 (-2) 5 13 6874 5296 " Ferizaj 6 (-1) 2 5 2144 429

7 " Mitrovicë 6 (-1) - - ---- ------

TOTAL 51 13 40 19513 488

District Prosecutor Offices

1 " Gjilan 5 - 5 400 802 " Prizren 7 2 7 463 663 " Pejë 7 3 7 557 794 " Prishtinë 7 (+1) 3 8 1025 128

5 " Mitrovicë 5 (-1) 1 - ----- -----

TOTAL 31 9 27 2445 90

Special Prosecutor Office of Republic of Kosova

6 4)

9 6

Public Prosecutor Office or republic of Kosova

6 - 6------- ---------

TOTAL 88 22 73

15

Municipal Public Prosecutor Office during 2008 solved 19513 criminal reports (without Mitrovica) , taking in consideration the criminal reports for unknown perpetrators assessed in the report with the criminal reports for adult perpetrators is 8:1 and the different criminal cases assessed in the report with the criminal reports for adults is 8:1and the criminal cases in the procedure of the second instances assessed in the report with the criminal reports of adult perpetrators is 1:3.

During the reporting period , Municipal Public Prosecutor Office solved in average 488 criminal cases for every prosecutor.

The most efficient on solving the criminal reports in the reporting year was MPPO in Gjilan which solved 588 criminal reports for every prosecutor, this prosecutor office solved 100 criminal reports over the average of Kosova (488), MPPO in Peja solved 533 criminal reports for every prosecutor or 45 criminal reports over the average of Kosova and MPPO in Prishtina solved 592 criminal reports for every prosecutor or 41 criminal reports over the average of Kosova.

Less efficient Prosecutor Office was the MPPO in Gjakova which in the reporting year solved 280 criminal reports for every prosecutor or 208 criminal reports under the average of Kosova, MPPO in Ferizaj solved 357 criminal reports , for every prosecutor or 131 criminal reports under the average of Kosova and MPPO in Prizren solved 433 criminal reports for every prosecutor or 55 criminal reports under the average of Kosova The inefficiency of MPPO in Gjakova can be explained with the fact that chief prosecutor of this Public Prosecutor Office during all the year 2008 solved only 67 criminal reports with justification that he is busy with the organization of the work in the prosecutors office and on the other side in this prosecutor office remained unsolved 1253 different criminal cases, this case are not solved because of no work organization.

MPPO in Gjakova is the only Prosecutor Office which has normal working conditions. Is worth mentioning that Chef prosecutor of MPPO in Ferizaj during 2008 except the work organization works solved 259 criminal reports. Based n some regulations in the past, the Chief Prosecutor of MPPO or DPPO which had more than 10 prosecutors were not with the cases.

Concerning the District Public Prosecutor Offices , during the reporting period in average they solved 90 criminal reports for every prosecutor.Most efficient DPPO on solving the criminal cases during 2008 was DPPO in Prishtina which solved in average for every prosecutor 128 criminal cases or 38 criminal cases of the average of Kosova. DPPO in Gjilan and in Peja during the reporting period solved in average 80 criminal reports for every prosecutor or 10 criminal reports under the average of KOSova, whereas Less efficient DPPO was the DPPO in Prizren which solved in average 66 criminal reports for every prosecutor or 24 criminal reports under the average of Kosova. Special Prosecutor Office of Kosova during 2008 solved 54 in average for every prosecutor this prosecutor office solved 9 criminal reports.

Taking in consideration monthly norm which is foreseen that one prosecutor of DPPO to solve 60 criminal reports during the year then the achieved average during the year 2008 is to small even that in this prosecutors office except the international prosecutors worked also 6 local prosecutors and 9 professional.

Based on the determined norms from the “Human Dynamics “- Section of Public Counseling, 250 criminal reports for the Prosecutors, respectively 60 criminal reports for every prosecutor of DPPO it can be said that all the Prosecutor Offices were very effective on solving the criminal reports , some of the Prosecutor Offices solved the criminal reports double then the norm for MPPO (250) respectively (60) for DPPO.

16

80

6679

128

90

0

20

40

60

80

100

120

140

DPPO - Gjilan

DPPO - Prizren

DPPO - Pejë

DPPO - Prishtinë

DPPO - Mitrovicë

Average

DPPO - Gjilan

Average

Public Prosecutor Office or Republic of Kosova was effective because during the reporting year solved all the cases which they have received for proceedings, with the exception of 3 cases which remained unsolved.Except this, Public Prosecutor Office of Republic of Kosova is monitoring the public prosecutor offices of lower level. The efficiency on solving the criminal reports at public prosecutor offices Is shown on the below chart:

Efficiency of the Municipal Prosecutors on Solving the criminal reports

Efficiency of the District Prosecutors on solving the criminal reports

588

433

533

280

529

429

488

0

100

200

300

400

500

600

MPPO - G

jilan

MPPO - Prizren

MPPO - Pejë

MPPO - G

jakovë

MPPO - Prishtinë

MPPO - Ferizaj

MPPO - M

itrovicë

Average

MPPO - Prishtinë

Average

-et-s

-s

17

Tab.3 Distribution of the Criminal reports according to the regions

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al O

ffic

e o

f K

oso

va

1 2 3 4 5 6 7

MPPO - Gjilan 3049 1392 511 233 1431 653 218982MPPO - Prizren 3205 799 298 74 1536 383 401335MPPO - Pejë 2492 866 175 61 1374 477 287883MPPO - Gjakovë 656 554 117 99 807 681 118423MPPO - Prishtinës 6297 930 515 76 5097 753 676723MPPO Ferizaj 2045 1127 256 141 1578 869 181501MPPO - Mitrovicë ---- ---- ---- ---- ---- ---- 268292

Total 17744 941 1872 99 11823 627 2153139

DPPO - Gjilan 282 129 33 15 175 80 218982DPPO - Prizren 308 77 28 7 158 39 401335DPPO - Pejë 482 119 35 9 175 43 406306DPPO - Prishtinë 850 99 91 11 657 77 858224

DPPO - Mitrovicë ---- ---- ---- ---- ---- ---- 268292

Total 1922 102 187 10 1165 62 2153139

Distribution of the criminal reports for adult perpetrators of criminal acts

During 2008 , Municipal Public Prosecutor Offices of Republic of Kosova (without Mitrovica) in every hundred thousand inhabitant received in average 941 criminal reports .

Highest Number of criminal reports fro adult perpetrators in one hundred thousand inhabitants had MPPO in Gjilan with 1392 criminal reports or 451 criminal reports over the average of Kosova, MPPO in Ferizaj received 1127 criminal reports for the adult perpetrators in hundred thousand inhabitants or 186 criminal reports over the average of Kosova.

Municipal Public Prosecutor Office in Gjakova in the reporting period, received 554 criminal reports for the adult perpetrators in one hundred thousand inhabitants or 387 criminal reports under the average of Kosova.

7) In DPPO in Peja were included Gjakova inhabitants because DPPO in Peja is competent as prosecutor office of second instance for MPPO in Gjakova.

8) In DPPO in Prishtina were included Ferizaj inhabitants because DPPO in Prishtina is competent as Prosecutor office of second instance for MPPO in Ferizaj j.

18

1392

799 866

554

930

1127

941

0

200

400

600

800

1000

1200

1400

MPPO Gjilan

MPPO Prizren

MPPO Pejë

MPPO Gjakovë

MPPO Prishtinë

MPPO Ferizaj

MPPO Mitrovicë

Average

MPPO Prishtinë

Average

129

77

119

99 102

0

20

40

60

80

100

120

140

DPPO Gjilan

DPPO Prizren

DPPO Pejë

DPPO Prishtinë

DPPO Mitrovicë

Average

DPPO Mitrovicë

Average

-s

MPPO in Prizren received 799 criminal reports in one hundred thousand inhabitants or 142 criminal reports under the average of Kosova, MPPO in Peja 886 criminal reports in one hundred thousand inhabitants or 75 criminal reports under the average of Kosova and MPPO in Prishtina 930 criminal reports in one hundred thousand inhabitants or 11 criminal reports under the average of Kosova.

The reason why MPPO in Gjilan and in Ferizaj have larger number of criminal reports per one hundred thousand inhabitants is the fact that the region they are competent for, includes also the border area and in this same territory are several border crossing.

During the reporting period in the Republic of Kosova per every hundred thousand inhabitants were received 102 for the competences of every DPPO (without DPPO in Mitrovica).

Highest Number of the criminal reports of adult perpetrator in hundred thousandinhabitants had DPPO in Gjilan, 129 criminal reports in hundred thousand inhabitants or 27 criminal reports over the average of Kosova, DPPO in Peja 119 criminal reports in hundred thousand inhabitants or 17 criminal reports over the average of Kosova.

DPPO in Prizren received 77 criminal reports in one hundred thousand inhabitants or 25 criminal reports under the average of Kosova. And DPPO in Prishtina received 99 criminal reports for adult perpetrators or 3 criminal reports under the average of Kosova.

The following chart shows Distribution of the criminal reports for the adult perpetrators.:

9) The total number was taken from the assessment made from the Kosova statistical office for 2008-2153139 inhabitants.

Distribution of the criminal reports for adult perpetrators

-s

19

233

74

61

99

76

141

99

0

50

100

150

200

250

MPPO Gjilan

MPPO Prizren

MPPO Pejë

MPPO Gjakovë

MPPO Prishtinë

MPPO Ferizaj

MPPO Mitrovicë

Average

MPPO Prishtinë

Average

15

7

9

11

10

0

2

4

6

8

10

12

14

16

DPPO Gjilan

DPPO Prizren

DPPO Pejë

DPPO Prishtinë

DPPO Mitrovicë

Average

DPPO Mitrovicë

Average

Distribution of the criminal reports for the juvenile perpetrators

Municipal Public Prosecutor Offices in the level of Republic of Kosova received 99 criminal reports for the juvenile perpetrators in one hundred thousand inhabitants (without Mitrovica).

Highest Number of criminal reports for the juvenile perpetrators in hundred thousand inhabitants, in the reporting year had the MPPO in Gjilan 233 crimimnal charges or 134 criminal reports over the average of Kosova and MPPO in Ferizaj had 141 criminal reports in hundred thousand inhabitants or 42 criminal reports above the average of Kosova.

MPPO in Gjakova in hundred thousand inhabitants had 99 criminal reports of juvenile perpetrators respectively received the same number with the Kosova average (99 criminal reports). MPPO in Peja received smaller number of juvenile perpetrators in ne hundred thousand inhabitants 61 criminal reports or 38 criminal reports under the average of Kosova, MPPO in Prizren received 74 criminal reports in one hundred thousand inhabitants or 25 criminal reports under the average of Kosova and MPPO in Prishtina received 76 criminal reports in one hundred thousand inhabitants or 36 criminal reportsunder the average of Kosova.

Concerning the criminal reports for juvenile perpetrators unde the competences of DPPO-s, in one hundred thousand inhabitants, in the level of the Republic of Kosova were received 10 criminal reports. Highest Number of the criminal reports in one hundredthousand inhabitants received DPPO in GJilan , 15 criminal cases or 5 criminal cases over the average of the Republic of Kosova, DPPO in Prishtina received 11 criminal reports in one hundred thousand inhabitants or 1 criminal charge over the average of Kosova, where DPPO in Prizren received 7 criminal reports in one hundred thousand inhabitants or 3 criminal reports under the average of Kosova and DPPO in Peja received 9 criminal reportsor 1 criminal charge under the average of Kosova.

The above mention indicators show that the institution which deal (fight) the criminality of juveniles, Public prosecutor Offices , during their work on preventing the crimes they should focus more in Gjilan and Ferizaj region.

In the following chart is shown the distribution of criminal reports for juvenile perpetrators.

Distribution of criminal reports for juvenile perpetrators

-s -s

20

80

3943

76

62

0

10

20

30

40

50

60

70

80

DPPO Gjilan

DPPO Prizren

DPPO Pejë

DPPO Prishtinë

DPPO Mitrovicë

Average

DPPO Mitrovicë

Average

Distribution of the criminal reports for unknown perpetrators

In the level of Republic of Kosova in 2008 were received in average for every one hundred thousand inhabitants 627 criminal reports of unknown perpetrators .

MPPO in Ferizaj received the Highest Number of the criminal reports of unknown perpetrator in one hundred inhabitants 869 criminal reports or 242 criminal reports above the average of Kosova, MPPO in Prishtina received 753 criminal reports if unknown perpetrators in one hundred thousands inhabitants or 126 criminal reports over the average of Kosova, MPPO in Gjakova in one hundred thousand inhabitants received 681 criminal reports fro unknown perpetrators or 54 criminal reports over the average of Kosova, and MPPO in Gjilan received in one hundred thousand inhabitant 653 criminal reports for unknown perpetrators or 26 criminal reports above the average of Kosova.

MPPO in Prizren received smaller number fo the criminal reports fro unknown perpetrators in one hundred thousand inhabitants 383 criminal reports or 244 criminal reportsunder the average of Kosova and MPPO in Peja in one thousand inhabitants received 477 criminal reports of unknown perpetrators or 150 criminal reports under the average of Kosova .

District Public Prosecutor Offices in the level of Republic of Kosova, in 2008 in average received 62 criminal reports in one hundred thousand inhabitants of unknown perpetrators (without DPPO Mitrovice).Highest Number of the criminal reports of unknown perpetrators in one hundred thousand inhabitants received DPPO in Gjilan 80 criminal reports or 18 criminal reports over the average of Republic of Kosova. And DPPO in Prishtina received 76 criminal reports in one hundred thousand inhabitants or 14 criminal reports above the average of Kosova. Smallest number in one hundred thousant inhabitants received DPPO in Prizren 39 criminal reportsor 23 criminal reports under the average of Kosova and DPPO in Prishtina in one hundred thousand inhabitants received 43 criminal reports or 19 criminal reports under the average of Kosova. The following chart is shown the distribution of the criminal reports for the unknown perpetrators.

Distribution of the criminal reports of unknown perpetrators

653

383477

681

753

869

627

0

100

200

300

400

500

600

700

800

900

MPPO Gjilan

MPPO Prizren

MPPO Pejë

MPPO Gjakovë

MPPO Prishtinë

MPPO Ferizaj

MPPO Mitrovicë

Average

MPPO Ferizaj

Average

-s -s

21

REPORT OF PUBLIC PROSECUTORS OFFICES AS PER PERSONS INVOLVED ON COMMITTING THE CRIMINAL

ACTS

In 2008, Public Prosecutors Offices in the Republic of Kosova(MPPO-s and DPPO-s), received fo0r proceeding 34714 criminal reports with 41578 persona (adult, juveniles and unknown perpetrators).

Presented Structure of the persons (41578), without MPPO and DPPO in Mitrovica it is as follow:

- 25608 or 61,6% criminal reports are of adult perpetrators,- 2982 or 7,2% are of juvenile perpetrators and- 12988 or 31,2% are of unknown perpetrators .

From the general number of the perpetrators 41578 (without MPPO and DPPO inMitrovica), 28590 or 68,8% are of known perpetrators of criminal acts and 12988 or 31,2 % of criminal reports for unknown perpetrators .

Under the assumption that MPPO and DPPO in Mitrovice on 2008 would receive the same number of criminal reports-persons as in 2007 (5453), then the number id the criminal reports in 2008 would have been increased for 1523 criminal reports or 3,3%.

In the following chart is presented the structure of criminal reports -persons(41578):

2982 25608

12988

Adult perpetrators

Juvenile perpetrators

Unknown perpetrators

Taking in consideration the unsolved reports!! for adult and juvenile perpetrators from previous period (year 2007) 5176 and the reports received for proceeding in reporting year then MPPO-s and DPPO had for proceeding in total 33766 criminal reports of known perpetrators and 32964 of unknown perpetrators.

The number of the unknown perpetrators in the circumstances that is the state of Kosova is quiet large (31,2%) but comparing with the number of unknown perpetrators that had the Republic of Croatia in 2007 (42.4%) then the number of unknownperpetrators in Republic of Kosova is 11,2% smaller than in Croatia.

22

ADULT PERPETRATORS OF CRIMINAL REPORTSAS PER PERSONS

During 2008 Municipal Public Prosecutors Offices and District Public Prosecutors Offices had for proceedings totally 29516 cases of persons that were suspected for committing the criminal acts (without Mitrovica).

From the number of criminal reports-persons which were for proceeding 29516, 3908, or 13,2 % of charges were unsolved from previous year (2007), whereas 25608 or 86,8 % of criminal reports were taken for proceeding during the reporting year.

From the number of (criminal reports) for proceeding, 29516, 24789 or 84,0% ofpersons u belong to Municipal Public Prosecutors Offices and 4727 or 16,0% of reports–persons are of District Public Prosecutors Offices. From the criminal reports-cases of the persons that were for proceeding, MPPO-s and DPPO-s during the reporting period solved 23810 or 80,70%of the cases and at the end of the reporting period were unsolved 5706 or 19,3 % of criminal reports.Criminal Reports as per persons in the reporting period were solved as follow:

- 3131 or 13,1% of criminal reports (persons) are solved with dismissal of criminal reports ;

- 16 ore 0,1% of the criminal reports waived from penal prosecution ;- 841 or 3,5% of criminal cases were solved by sending at competent authority;- 9189 or 38,6% of criminal reports were solved with summary indictment- 5032 or 21,1% of criminal reports were solved with summery indictment to

render punitive order;- 3160 or 13,3% of criminal reports were solved with direct indictment ;- 147 or 0,6% o criminal reports were solved in the different way.Criminal Reports which were solved after the completion of investigation

procedure resulted as follow:- 71 or 0,3% of criminal reports, after the investigation procedure were

suspended based on the article 223 of PCCK;-361 or 1,5% of the reports after the investigation procedure is suspended the

criminal procedure based on article 224 of PCCK and-1862 or 7,8% of criminal reports after the investigation procedure resulted on

formulation the indictment .Based on the way of selection the criminal report, The MPPO,DPPO during 2008 took these decisions :- Dismiss of criminal report 3131 or 13,1% ;- Direct Accusation (deserved decision) 17381 or 73,0% ; -Decision after investigation procedure 2294 or 9,6% and- Solved in different way 1004 or 4,2% 10)

___________________________________________________________________________10) When the criminal report is sent to another prosecutor office compentece or is sent to the minor offcences court for further proceeding the criminal report is unified means the unification of procedure and waiving from penal prosecution .

23

The structure pf the decision of public prosecutors offices is reflected on the following chart.:

Compared the number of criminal dismissals ,13,1% that were in 2008, with the number of dismissals (15,1) that was 2007, results that the number of the dismissed criminal reports in the reporting year is smaller the in previous year for 2,0%. Comparing the number of of criminal dismissed criminal reports (13,1%) which was in Republic of Kosova in 2008 with the number of the dismissed criminal reports in the Republic of Croatia then results that Kosova Prosecutors were more strict on decisions about the criminal reports than Croatia prosecutors. If the level of the dismissed criminal reports is appropriate (13.1%) this will be reviewed from the prosecutors offices of highr instances.. Reason of criminal reports is the inadequate protection of the rights at other institutions , respectively inability realization of the rights with more efficiency in different way., for this the citizens submit the criminal reports thinking that will realize their rights for those they think they are in title too.

The number of the criminal reports which were decided with deserved decision of the prosecutors (73.0%) it is increased compared with 2007, where with deserved decision were solved (67,1%) of criminal reports. In the Republic of Croatia in 2007 with deserved decision solved 51,5 % of the criminal reports.

Based on the above information it cab be seen that is still high the number of the criminal reports which were solved in deserved way. (73.0%), and compared with the Republic of Croatia results that the solving of the criminal reports on deserved way is 21,5 % higher than in Croatia.

17381

313110042294

Dismiss of criminal report

Direct accusation

Decision after investigation procedure

Resolved in different way

24

When is about solving the criminal reports with deserved decision , is worth mentioning the summery indictment to render punitive order which is foreseen in article XLI (41) of PCCK, respectively with article 476 of the same law is foreseen that for the “Criminal Acts that is foreseen the sentence with fine or imprisonment up to three years, for which the Prosecutor is informed according to the grounded proves from the criminal report, the public prosecutor may request in the summary indictment that the court to impose the punitive order in which against the accuse would be imposed the respective sentence without court session.

Municipal Public Prosecutors Offices using the summary indictment with the proposal to render punitive order in fact reduce the workload of Municipal Courts from high number of cases.Public Prosecutor in summary indictment may request that the court to impose punitive order with which against the accused with be imposed one or more measures (sentence with fines, prohibition to drive the vehicle, confiscation the assets etc.) without court session (). In this case if there is legal background the court with the verdict impose the punitive order and if the defendant is not opposing it , with this ends the procedure .

Based on research we have done in the Municipal Court in Klina, which during 2008 has resolved 155 cases with the approval of the proposal of disciplinary order, which already has received 16 objections, we arrived at the conclusion of the 89.7% of punitive orders data not presented objection by the accused. During the year 2008 in Kosovo, the proposed charge for the provision of penal order 5032 have been resolved or21.1% of criminal reports results that 4514 persons have been resolved majority with court verdicts without judicial review. In 2008, the prosecutors offices solved for 9.8% less criminal reports with punitive order than in 2007.

If any penal sentence order would be on average 200 Euro, then in 2008, the budget of the Republic of Kosovo will be deposited 902800,00 Euro…………………… Penal order may be used more if there are not barriers were up criminal sanctions which might impose (fine and imprisonment up to 3 years), however, under existing conditions, penal order may be used more. In 2008, the Public Prosecutor Offices of the Republic of Kosova solved 9.8% less of a criminal reports than in 2007.

In this year, the public prosecutors with investigation have solved 2294 or 9.6% of criminal reports, compared with 2007, the number of the criminal reports that have been solved with criminal investigation is reduced to 1.2%. In the Republic of Croatia in 2007, 11.0% of the criminal reports were solved by a criminal investigation, this means that for the 1.4% less of criminal reports were solved the criminal reports by Kosova Prosecutors than in Croatia. In the reporting year, 1004 or 4.2% of the criminal reports were solved in different way (sending at competent authority, unification of procedures and waving from penal prosecution ), solving of criminal reports in different way is as the previous year.

25

PROCEDURE FOR THE CONFIRMATION OF INDICTMENT

When the judge of the preliminary procedures considers that the prosecutor's indictment meets the requirements of Article 305 of the PCCK, schedules the session for confirmation of indictment.…………………………………………………………….During the reporting year, the Municipal Prosecutors Offices and District Prosecutors Offices of the Republic of Kosovo, have formulated 5022 indictment (direct indictments and after the investigation).………………………………………………………………..Municipal and District Courts, in 2008, in the confirmation sessions have examined the 2415 indictments or 48.1% of the formulated indictments. ………………………………In the procedure of confirmation of indictment the, courts have taken these decisions;

- 63 or 2,7% is returned the indictment for additional information;- 209 or 8,6% is dismissed the indictment and - 2143 or 88,7% is confirmed the indictment.

The prosecutors unsatisfied with the decision of the judge of preliminary procedure submitted 22 appeals on decisions od the judges of preliminary procedure .The decisions of the judges of preliminary procedures are reflected in the following chart:

63209

2143

Is returned the indictment

Dissmised the indictment

Is confirmed the indictment

Regarding the procedure of confirmation of indictment in the reporting year can be concluded that judges of preliminary procedure were not efficient enough, by the number of charges filed (5022), the procedure they have chosen to confirm only 48.1% of cases whereas they left unsolved cases 51.9 (charges). ………………………………. That The prosecutors have carried out the work in qualitative way , shows the fact that 88.7% of the cases was confirmed the indictment , also for effective work for the prosecutors offices shows the information that the prosecutors unsatisfied with the court decisions have submitted only 22 complaints or 0, 9.

26

COURT DECISIONS REGARDING THE ACCUSATION ACTS OF PROSECUTORS OFFICES

During 2008, the Public Prosecutors Offices of the Republic of Kosova, have raised over 19,243 persons accusation acts (without Mitrovica Prosecutors Offices ). Court of the Republic of Kosovo in the report have decided the case of 11482 persons or 59.7%. Regarding accusation acts (19243), the courts have taken these decisions:

- 3863 or 33,6% of persons were judged with the verdict with punitive order;- 911 or 7,9% of persons wee solved with refusal verdict;- 431 or 3,8% of persons were solved with releasing verdict;- 6238 or 54,3 of persons were judged with sentencing verdict and- 39 or 0,3% of persons was imposed the measure of mandatory treatment.

In the reporting year , the prosecutors offices increased for 4,8% the accusing acts then in previous year even though in the report are not included Mitrovica Prosecutors Offices.

The court decision concerning the accusation acts are reflected in the following chart:

54.3%

0.3%

33.6%

7.9%3.8%

Judgment punitive order

Refusing verdict

Releasing verdict

Sentencing verdict

Mandatory treatment measure

Comparing the court decisions of the Republic of Croatia for 2007, with the court decision taken about the accusing acts of the prosecutors offices of Republic of Kosova in 2008, can be concluded that sentence policy of Croatia was approximate with the sentence policy in Kosovo. With judging verdict in Croatia resulted 87,4 % of personswere judged with with judging verdict , whereas in Kosova 87,9% of persons were judged with judging verdict the difference 0,5 %.

With judgment verdict have been judged in Croatia 6.9% of persons, while in Kosovo with judgment verdicts are judged 3.8% of persons which means courts of the Republic of Kosovo were more strict compared with e of Croatia's 3.1% . Regarding judgments refusal,, the Kosovo courts to 2.2% have more refusal verdicts as Croatia (7.9% to 5.7%).

27

Unsolved criminal reports (submission reports)ate the end of reporting period

2007 2008Year 2008 compared with 2007

+ or - %

MPPO - Gjilan 51 264 + 213MPPO - Prizren 568 970 + 402MPPO - Pejë 277 294 + 17MPPO - Gjakovë 100 85 - 15MPPO - Prishtinë 1165 1797 + 632MPPO - Ferizaj 143 389 + 246

MPPO - Mitrovicë

Total MPPO 2304 3799 + 1495 + 64,8

DPPO - Gjilan 47 64 + 17

DPPO - Prizren 223 183 - 40

DPPO - PEJË 619 698 + 79

DPPO - PRISHTINË 715 962 + 247

DPPO - MITROVICË

Total DPPO 1604 1907 + 303 + 18,9

Total MPPO+DPPO 3908 5706 + 1798 + 46,0 Special Prosecutor Office 191 180 - 11 -5,7

General Total 4099 5886 + 1787 + 43,6

At the end of 2008, in the Municipal Public Prosecutor Offices and the District Public Prosecutors remained unsolved 3228 criminal reports with 5706 people (without Mitrovica). Cases from 5706 persons, 3799 or 66.6% of persons belonging to the Municipal Public prosecutors offices and 1907 or 33.4% of persons belonging to the District Public prosecutors offices . Special Public Prosecutor, at the end of the reporting period had 45 unsolved criminal reports with 180 persons.

At the end of the reporting period, Municipal and District Prosecutors offices, compared with 2007, have enlarged, the number of cases pending for 1798 or 46.0%. Municipal Public Prosecutor offices , had increased to 1495 persons or 64.9%, while the District Public Prosecutor, had increased to 303 persons or 18.9%. All the Municipal and district Public Prosecutor offices , have been increasing cases pending at the end of the reporting period, but this growth has not been the result of negligence, but simply have been the prosecutors overloaded with the influx of cases received at work.

28

To select all cases that arrives at work during the reporting year, the Municipal Public Prosecutor offices, should have had 88 prosecutors to work in reality, 40 prosecutors , and District Public Prosecutor, should have had 48 prosecutors while in reality they had 27 prosecutors. The unsolved cases in 2008 compared with 2007 is reflected in following chart..

51

264

568

970

277294

10085

1165

1797

143

389

0

200

400

600

800

1000

1200

1400

1600

1800

MPPO-G

jilan

MPPO-Prizren

MPPO-Pejë

MPPO-G

jakovë

MPPO-Prishtinë

MPPO-Ferizaj

MPPO-M

itrovicë

Year 2007

Year 2008

4764

223 183

619

698715

962

191180

0

100

200

300

400

500

600

700

800

900

1000

DPPO-Gjilan

DPPO-Prizren

DPPO-Pejë

DPPO-Prishtinë

DPPO-Mitrovicë

Special Prosecutor Office

Year 2007

Year 2008

29

Penal reports for the adult persons as per criminal acts 10)

During 2008, the Municipal Public Prosecutor offices, District Public Prosecutor offices and Special Public Prosecutor of Kosovo, received for proceeding to work 19712 criminal reports with 25,764 persons. Of the total number of persons suspected, 87.3% of persons belonging to MPPO-s, 12.1% of persons belonging DPPO-s and 0.6% of persons belonging to Special Public Prosecutor of Kosovo.

The structure of the received penal reports according to the chapters of Kosovo Criminal Code is as follow:

131 or 0,5 % penal reports are of Chapter XIII –Criminal Acts against Kosova and its citizens .

The Highest Number of criminal acts by this chapter regards Article 114 -unauthorized border crossings, with 125 or 95.4% of penal reports, 3 or 2.3% of penal reports by this chapter belong to art 110-commiting terrorist acts and 3 2.3% of penal reports belong Article 115 - Promotion of hatred, split or national impatience, racial, religious and ethnic. In 2008, the number of penal reports by this chapter compared to the previous year has dropped to 56 or 29.9% of penal reports. Should separate the offenses under Article 115-Promotion of hatred or breach religious patience ... which have decreased for 14 or 82.3% of criminal reports.

121 or 0.5% of criminal presentations belong to Chapter XIV - Crimes against international right.

The Highest Number of criminal acts from this chapter belongs to the criminal acts of Article 137,138,139, - so-called criminal acts of trafficking in human beings, with 113 or 93.4% of criminal reports. The number of penal reports from this chapter in the report , compared with the previous year has been decreased for 44 or 26.7% of criminal reports.

From the number of criminal reports received for proceedings (140) persons, the prosecutor offices in the reporting period have solved the cases of 102 persons, while at the end of the period have left unsolved 12 cases with 38 persons. From the number of cases resolved 57.8% of persons have been completed with the establishment of criminatory act. Number of criminal acts from article 117,118,119 and 120 so-called crimes against humanity in the reporting year have been decreased for 30 or 88.2% of criminal reports.

3396 or 13.3% of penal reports belong to Chapter XV - Acts against life and body.

The Highest Number of criminal acts from this chapter consists offenses under article 153 - light bodily injury, with 2616 or 77.0% of criminal reports and criminal acts under Article 154 - serious bodily injury with 363 or 12.2 % of criminal reports, and criminal act from Article 146 - murder, 155 were suspected persons or 4.6%.

11) Comparation of criminal acts for 2007 and 2008 was without Mitrovica MPPO and DPPO .

30

In general, the number of criminal acts against life and body in the reporting year, compared with the previous year is increased for 267 or 8.5% criminal reports. Deject fact the number of criminal cases under article 146-murders has increased for 59 or 61.4% of the penal reports and the number of homicide under Article 147 is reduced for50 or 61.0% of criminal reports.

During the year 2008, prosecutors offices received for proceedings 811 criminal reports with 1160 persons which penal reports belong to articles 153 point 4, 154 points 3 and Regulation no. 2001 / 4 the so-called offenses regarding domestic violence. By taking in consideration the cases of 67 persons which have been unsolved from the previous year, then in total for proceeding the Public Prosecutors offices of Kosovo hat te cases of 1227 persons.

In the reporting period prosecutor offices solved the cases of 1127 or 91.8% of persons, and unsolved at the end of the reporting period have been 62 criminal reportswith 100 persons.

Cases of 961 persons or 85.3%, ended with the formulation of accusing act(summary indictment, direct indictment, indictment after investigation) and 139 cases or 12.3% have completed with dismissal of criminal reports.

1375 or 5.3% of criminal reports belong chapter XVI - Crimes against freedom and human rights.

The Highest Number of criminal acts from this chapter constitute offenses under Article 161 - threat with 876 or 63.7% of criminal report, criminal offenses under Article 160-extortion with 284 or 20.7% of criminal reports and criminal offenses Article 166 –threat violations of the housing with 60 or 4.4% of criminal reports of this kind.

In the reporting year this kind of criminal acts is reduced compared with the previous year for 133 or 8,8%.

11 or 0.04% of the criminal reports belong to chapter XVII.– Criminal offences against the rights in employment relationship .

From this chapter there is very small number of criminal acts, not because there are no these kind of criminal acts, but people are reluctant to make criminal report because of the risk to lose their working place.

18 or 0.1% of the presentations belong chapter XVIII criminal - offenses against honor and authority.

Even from this chapter is a very small number of criminal reports, the greatest number of criminal acts by this chapter has to do with criminal actions under Article 187-insult with 15 criminal reports.

137 or 0.7% of criminal reports related to Chapter XIX-offenses against sexual integrity.

The Highest Number of criminal acts by this chapter constitute offenses under Article 198 - Sexual abuse of persons under sixteen years of age with 35 or 25.5% ofcriminal reports, Article 201 - enable prostitution with 29 or 21.2% of criminal reports, Article 195 - Sexual assault with 25 or 18.2% of criminal report criminal , Article 193-rape with 20 or 14,6 of criminal report and article 200 - sexual abuse and misuse position, profession or authority with 12 or 8,8 of criminal reports.

31

It should be noted in the reporting year compared with the previous year this kind of criminal acts has been decreased for 16 or 10.4%.

92 or 0.4% of criminal reports related to Chapter XX - offenses against marriage and family.

The greater number of criminal acts by this chapter has to do with the criminal act from Article 211 - abandoning or child abuse with 21 or 22.8% of criminal reportsoffenses under Article 208 - Coexistence with persons under the age of sixteen years extramarital community with 18 or 19.6% of criminal reports, offenses under Article 213-Evasion securing means of living to 12 or 13.0% of criminal reports. Number of criminal reports of this kind, in reporting year compared with the previous year has increased to 11 or 13.4%.

397 or 1.5% of the criminal reports have to do with Chapter XXI – criminal offenses against public health.

The greater number of criminal acts by this chapter has to do with the offenses of art (229-231) associated with drugs, with 354 or 89.2% of criminal reports.

During the year 2008, Municipal and District Prosecutors Offices received for proceeding 178 with 354 persons . Taking in consideration the cases of 78 persons which have remained unsolved at the end of 2007, then for proceeding had cases of 432 persons. From the cases which have been for proceeding during the reporting period, the prosecutor offices completed cases of 347 persons, and at the end of the reporting periodremains to have 41 outstanding criminal reports with 85 persons.

Of the resolved cases (347), 236 cases or 68.0% of persons have been completed with the rise accusing act, 19 cases or 5.5% of persons have completed the dismissal of criminal reports as ungrounded and 42 or 12 , 1% of individuals criminal report is suspended or ceased during the investigation procedure.

The number criminal reports received in the proceedings for this kind of criminal acts, in reporting year compared to the year 2007 is enlarged to 30, 1%. High Increase of criminal acts of this kind, should seriously worry (concern) the institutions that deal with prevention drugs crime

944 or 3.2% of the criminal reports have to do with Chapter XXII-criminal offenses against the economy

The Highest Number of criminal acts by this chapter constitute offenses under Article 244 - counterfeit money with 701 or 74.3% of criminal reports, offenses under Article 233 - immoral activity in the economy, with 67 or 7.1 % of criminal reports and offenses under Article 249 - Tax Evasion with 75 or 7.9% of criminal reports. Crimes counterfeit money, in the reporting year compared to the previous year have increased for 147 or 26.5% of criminal reports.

8858 or 34.6% of the presentations have to do with criminal Chapter XXIII -offenses against property

The Highest Number of criminal acts by this chapter constitute offenses under Article 252 - theft, with 4556 or 51.4% of presentations criminal, in 1312 or 14.8% belong to the offense under Article 253 – aggravated theft, 560 or 6.3% of penal reports regard to criminal act from Article 261 of - fraud, 551 or 6.2% of the reports belong to criminal offense under Article 260- damage immovable. Crimes against property in reporting period compared with the previous year have increased for 1506 or 20.5%.

32

It is concerning the fact that the number of criminal acts by - Article 259,259A, -259B and 259 c offenses against property, in the reporting year has been increased to 88.7%. Prosecutors Offices in the reporting period, have had to work the cases of 477 persons during this period prosecutors offices , have solved 397 or 83.2 of penal reports. Whereas at the end of the reporting period have remained unsolved 46 criminal reports with 80 persons. The greater number of this type of criminal acts is resolved with formulation of indictment 69.8% (summary indictment and indictment).

Regarding the offense under Article 273- contraband of goods, Prosecutors offices of Kosovo in the reporting have received for proceedings 154 criminal reports with 238 persons.………………………………………………………………………. By counting cases of 3 persons which remained unsolved from previous year then the prosecutors offices had in total for proceedings cases of 241 persons. During 2008, the prosecutors offices solved the cases of 230 persons, while the unresolved at the end of the reporting period remained 10 criminal reports with 11 persons . From the cases solved, 201 or 87.4% of the reports resulted with formulation of accusing act (summary indictment –indictment).

Regarding the criminal act from Article 274-Organized Crime, Prosecutors offices of Kosovo during the reporting year have received for proceeding 14 criminal reports with 80 persons. Taking in consideration the cases of 46 persons which remained unsolved from previous period, then the prosecutors offices in the reporting period had in total for proceedings the cases of 126 persons. During the year 2008 prosecutors offices solved the cases of 53 persons or 42.0% and at the end of the reporting period remained unsolved 11 criminal reports with 73 persons. From the solved cases 50 or 94.3% of criminal reports resulted with formulation of indictment after the investigation procedure. In the reporting year, compared with the previous year, the number criminal reports for criminal act organized crime is increased for 77 criminal reports.

Coefficient of solving the cases for criminal offenses, organized crime is 42.0%, compared with coefficient of solving the cases in general 80.7%, the coefficient of solving the cases of criminal acts organized crime is very low for 38,8 %.

2676 or 10.4% of the criminal reports Chapter XXIV - offenses against the environment, animals, plants and objects.

Most of criminal acts from this chapter have to do with criminal act from article 285-forest theft, with 2592 or 96.9% of criminal reports. In reporting year the number of criminal reports from this chapter, compared to the previous year has been increased by 194 or 7.8% of criminal reports.It is concerning the fact, that in the reporting years is increased the number of criminal cases under article 284-devastation of the forest for 10 criminal reports.

383 or 1.5% of criminal reports have to do with Chapter XXV - offenses against the general security of people and property

The Highest Number of criminal acts by this chapter constitute offenses under Article 291 - causing general danger, with 293 or 76.5% of criminal reports and criminal offenses under Article 292 - annihilation, damage or removal of public installations, with 64 or 16.7% of criminal reports.

33

In the reporting year, compared with the previous year it is reduced the number of criminal acts from this chapter for 228 or 37.3% of criminal reports. Enjoys the fact thenumber of criminal acts under article 291-causing general danger, in the reporting year has be decreased for 198 or 40.3% of criminal reports.

2403 or 9.4% of criminal reports related to Chapter XXVI-offenses against public traffic safety.

The Highest Number of criminal acts from this chapter constitute offenses under Article 297 - Endangering public traffic, with 2360 or 98.2% of criminal reports. In the reporting year, compared with the previous year the number of criminal acts by this chapter has been enlarged for 372 or 18.3% of criminal reports.

188 or 0.7% of the reports have to do with Chapter XXVII - offenses against the justice administration.

The Highest Number of criminal acts from this chapter constitute offenses under Article 306 – false reporting, with 130 or 69.1% of criminal reports and offenses under Article 307 - false statements, with 14 or 7.4% criminal reports. It is important to note that in the reporting period, compared with the previous year, is increased the number ofcriminal acts Article 314-enable escape of the person deprived from liberty for 11 criminal reports of this type.

3845 or 15.0% of the criminal reports have to do with Chapter XXVIII -offenses against public order and legal action

The Highest Number of criminal acts from this chapter constitute offenses under Article 328 – unauthorized ownership,control, possession or use of weapons with 1602 or 41.7% criminal acts, offenses under Article 332 – falsification of documents, with 1044 or 27.2% of criminal reports, offenses under Article 322 - Removing or Damaging of official stamps or signs, with 328 or 8.5% of criminal reports.

Crimes of this chapter are divided into two groups which in most cases are taken as an indicator for meeting the standards.

In the first group are the criminal acts against the official persons –article 316,317,and 318 CLK.

In the reporting period prosecutors offices received for proceedings 434 criminal reports with related offenses, assault against an official person. Taking in consideration the cases of 53 cases pending unsolved from previous periods, then total for proeceedings were cases of 487 persons. During the reporting period prosecutors solved , the cases of 357 persons or 73.3%, whereas at the end of the reporting period remained unsolved 129 or 26.5%. Level of solving the criminal reports is favorable compared with the level of other criminal reports. In the second group are the offences with weapons -art 327,328,329,and 330. In the reporting period, MPPO and DPPO-s of the Republic of Kosovo have received criminal reports for 1619 persons. Taking in consideration the cases of 401 persons which remained unsolved from 2007, then the prosecutors offices had total for proceddings cases of 2020 persons.. From the cases that were for proceedings , during the reporting period were solved the cases of 1422 or 70 ,4 % of persons, whereas at the end of reporting period remained unsolved 318 criminal reports with 598 persons. The cases of 59,6 persons resulted with formulation of accusing act .

34

The level of formulation of the accusing act for this kind of criminal acts (59,6) is under the general average of the cases which were solved with the formulation of accusing act for this kind of offences (80,8%).. Taking in consideration the type of these acts, the prosecutors should be more strict during when solving the criminal reports which means with accusation acts need to be completed more criminal reports.Number of criminal reports for this type of criminal acts has been increased in the reporting period compared with the previous period for 12 criminal reports ,or 97,5 % of tese criminal reports are competence of DPPO-s ,whereas 2,5 % of criminal reports are of MPPO-s.

During the reporting period prosecutors offices received considerable number of criminal reports from article 332- falsification of documents 1044 or 27,2 of criminal reports..from the The number of criminal reports of this type, the prosecutors offices in the reporting period have solved 92.3% of criminal reports, and unsolved during at the end of the reporting period remained 7.7% of the criminal reports.

503 or 2.0% of the criminal reports are related to Chapter XXIX - offenses against official duty

The Highest Number of criminal acts from this chapter constitute offenses under Article 339 - abuse of official position or authorization, with 365 or 78.8% of criminal reports ,offenses under Article 340 - missappropriation in office, with 37 or 8.0% of and criminal offenses under Article 348-falsification of official documents, with 16 or 3.5% criminal reports.……………………………………………………………………. During the year 2008, Municipal and District Prosecutors Offices received for proceedings 214 criminal reports with 463 persons .Taking in consideration cases of 192 persons which remained unsolved in 2007, then totally for proceedings in the reporting.year had cases of 655 of persons that have to do with corruption offenses. During the reporting period MPPO-s and DPPO-s, have resolved 302 cases or 46.1% of persons, and unsolved at the end of the reporting period are also remained cases of 353 person or 53.9% with 113 criminal reports.

Since, this type of criminal acts at the moment is very present, then in this report will should be paid special attention to criminal cases under article 339,340, 341,342, 343,344 and 345 so-called criminal acts of corruption.

From the number of criminal reports that have been received for proceeding, 286 or 61.8% belong to the Municipal Public prosecutors offices, whereas 177 or 38.2% belong to the District Public prosecutors offices.

It is worth mentioning the 80.8% of the criminal reports of this type have been submitted by the Kosovo Police.

Related to criminal reports against 655 persons wwhich were for proceedings, Municipal and District Prosecutors Offices decided criminal reports against 302 persons or 65.2%.

35

The decisions of prosecutorts related to the criminal reports were as follow:

- 5 or 18,2 % of criminal reports were solved with dismissing of criminal reports,- 21 ose 6,9 % criminal reports is suspended the investigation, - 67 ose 22,2 % of criminal reports is formulated the summary indictment , -19 ose 6,3% of criminal reports is made the proposal for punitive order, - 19 ose 6,3 % of criminal reports is formulated direct indictment ,- 53 ose 17,5 % of the criminal reports is formulated the indictment after the Completion of investigation, - 58 ose19,2% of criminal reports were solved by sending to competent authority- 10 ose 3,3 % criminal reports were solved in different way .

Concerning the criminal reports for criminal offenses against official duty, the prosecutors offices have not been effective in solving this kind of criminal reports, because at the end of the reporting period remained unsolved criminal reports of 353persons 53.9% , while in the same period were solved the criminal reports against 302 persons or 46.1%.

That the Municipal and District Prosecutors Offices were not effective in resolving the criminal reports of this, shows that in general the prosecutors offices solved 80.8% of criminal reports, whereas criminal reports against official duty were solved 46.1% which means that nearly half of criminal reports were less solved for criminal acts against official duty than the criminal reports in general .

In offenses against official duty, take part the criminal offence falsification of official documents (Article 348). This criminal act is considered that has been committed when the person responsible official person in the official document or business, provided false data that and confirms it with it signature or official stamp.

During the year 2008, Municipal and District Prosecutors offices received for proceedings 16 criminal reports for falsification of official document. During the reporting period, prosecutors offices for this kind of criminal acts solved the cases for 11 persons, whereas unsolved at the end of the reporting period remained 1 criminal report with 5 persons.

It is interesting to note that, the prosecutor in this year have received for proceedings 2 cases for the criminal act from Article 346- issuing unlawful judicial decisions and 3 of Article 350-cases of unlawful release of a person deprived of liberty. low level of solving (46.1%),the criminal reports which have to do with criminal acts against official duty (corruption) can be justified with the fact:

The offenses against official duty are very complicated, because in most cases these are committed in the "four eyes" which means that is difficult to provide evidences of these criminal offences.

Persons who commit such acts are official persons who have formal authority and therefore significantly the persons presenting the criminal report and prosecutors during the criminal investigation reveal a kind of fear because the security of prosecutors is not the appropriate level.

To discover the criminal acts of corruption, requires the coordinated action of all competent authorities to the state and that forr long period of time.

36

MONEY LAUNDERING ( Reg. 2004/2)

During the reporting period, the Kosovo Special Prosecutor's Office received for proceedings 4 crimina reports with 7 persons for, criminal act for money laundering..

Taking in consideration the of the 11 persons which remained unsolved in 2007, then in the reporting period, totally for proceedings t for this criminal acts were cases of18 persons. During the reporting period, the Kosovo Special Prosecutor's Office, has solved 8 cases or 44.4% of persons, for three persons was suspended the investigation while for 5 persons after investigation had been formulated the indictment. At the end of the reporting period have remained unsolved 6 criminal reports with 10 persons or 55.6% . to this type of criminal acts the level of solving is low comparing with the level of solving in general (80.8%).

130 or 0,5 % of criminal reportshave to do with other codes (customs cod etc) .

131121

3396

1375

11 18137 92

397

944

8858

2676

383

2403

188

3845

503 1300

1000

2000

3000

4000

5000

6000

7000

8000

9000

Chapter XIII

Chapter XIV

Chapter XV

Chapter XVI

Chapter XVII

Chapter XVIII

Chapter XIX

Chapter XX

Chapter XXI

Chapter XXII

Chapter XXIII

Chapter XXIV

Chapter XXV

Chapter XXVI

Chapter XXVII

Chapter XXVIII

Chapter XXIX

Other regulations

Year 2008

37

JUVENILES PERPETRATORS OF CRIMINAL ACTS –

AS PER PERSONS

Juvelines are considered the persons between the age 14 to 18. For the children under the age 14 doesnt start the court procedure. If the child is under the age 14 on the time when committed the criminal act ,any court procedyre that has started will be suspended immediately..Against the juveniles that still not at age 16 in the time when committed the crimina act may be imposed only the measures..The measures that may be imposed against the juveniles are:

Diversity Measures and Educative measures.

The sentences that may be imposedagainst the juveniles are:

Fines, Community Service Order and Juvenile imprisonment.

During the year 2008, Municipal and District Public Prosecutors Offices receivedfor proceedings 2059 criminal reports with 2982 persons, taking in consideration the number of criminal reports for 1268 persons that remained unresolved at the end of 2007, then results that the prosecutors offices during the year 2008 had a total for proceedings 4250 criminal reports (without Mitroviva MPPO and DPPO).

Of the total number of criminal reports that have been for proceedings in the Municipal and District Prosecutors Offices , have been resolved 2757 or 64.9%, while the end of 2008 have remained unsolved 970 criminal reports, with 1493 persons. There are many reasons which have affected the non completion of criminal reports among these reasons is the increase of criminal reports number recived for proceedings compared with the previous years and the small number of the prosecutors ..In recent years is increasing the participation of juveniles in overall crimes.

In our country in 2008, participation of juvenilkes in crimes overall was 11.6%, while in 2007 the participarion was 11.1%................................................................In the year 2008, compared with 2007, the number of criminal reports which have been for proceedinbgs, under the assumption that in the reporting period MPPO and DPPOMitrovica would have had the same number of criminal reports as in 2007, the number criminal reports would be increased to 985 or 24.1% of criminal reports.. The number of criminal reports which have been for proceedings (4250) during 2008, 3708 or 91% of criminal reports belong to Municipal prosecutors offices, while 372 or 9.0% belong to the District Public prosecutors offices. …………………………………………………..Regarding criminal reports for the juveniles, which were for proceedings (4250), prosecutors of Municpal ans District Prosecutors Offices decided as follows.

38

433 or 15,7 % of criminal reports wre dismissed based on article 7 of PCCK-, article 38 of CLJ(juvenile law) , article 54 të CLJ and other reasons .

92 or 3,3 % of criminal reports were solved by sending at competent authorities , 117 or 4,2 % of criminal reports were solved with cease of procedure article 58

i CLJ (juvenile law) paragraph 1, point 1 – 5 and other reasons. 130 or 4,7 % of criminal reports is suspended the penal prosecution based on

article 50 të CLJ –së – Imposing diversity measure .

To impose the diversity measure should be met the conditions from article 14 i CLJ, paragraph 2.

260 or 9,4 % of criminal reports is proposed the disciplinary measure, and these measures are:

1) Judicial warning and2) Sending the juvenile to disciplinary center .

700 or 25,3 % of the criminal reports resulted with the proposal od the measure additional supervision from :

1) Parent,adopting parent, or custodian of the juvenile,2) Other family ,3) Body of Custody.

215 or 7,8 % of criminal reports resulted with proposing the institutional educative :

1) Sending the juvenile in educative institution, 2) Sending the juvenile in educative-correctional institution and 3) Sending the juvenile perpetrator in the institution with special care.

During the reporting period there was no proposal for fine.

91 or 3,3% of criminal reports resulted with prososal of community service order,

40 or 1,5% of criminal reports resulted with proposal for juvenile imprisonment ,

547 or 19,8 % of criminal reports resulted with proposal for imposing the educative measure and juvenile imprisonment,

1 or 0,04 % of criminal reports resulted with imposing the measure mandatory treatment and

131 or 4,9 % of the criminal reports were solved on different way (unification of procedures).

The decisions of the prosecutors about the criminal reports based on the type of proposed sanctions are reflected as follow:

550 or 19,9 % of the criminal reports resulted with dismissal or suspension of preparatory procedure,

1306 or 47,4 % of criminal reports resulted with prosing the measures (diversity, disciplinary, additional supervision and institutional measure),

39

678 or 24,6 % of the criminal reports resulted with proposal for sentence (community service order, juvenile imprisonment), measure and imprisonment for juveniles),

223 or 8,0 % of the criminal reports were solved in other way (ë paraqitjeve janë zgjedh në mënyrë tjetër (sending to comp.authot(cedim),unification of the procedures)

From 1306 criminal reports which resulted with proposal of measures , 130 or9,9 % of the criminal reports resulted with the proposal of diversity measure. . The number of the proposals of diversity measures is very small taking in consideration the importance of this measure that has for the juvenile justice.

678

223 550

1306

Completed with dissmisal and suspension

Completed with proposal of disciplinary measures.

Completed with porposal for sentence

Resolved in different way

The presented proposals of the prosecutors related to the criminal reports are reflected in the following chart : Concerning the proposals of the prosecutors about the criminal reports against the juveniles , the courts decided for 891 persons as follow:

11 or 1,2 % imposing the measure for protection of the rights and welfare of child,

26 or 2,9 % of proposals were dismissed, 1 or 0,1 % of the prosposals were send in competence to other court , 74 or 8,3 % of the proposal were solved with imposing the diversity measure, 172 or 19,3 % of the proposals were solved with the decision on suspending

the court procedure , 553 or 62,1 % of the proposals resulted with decision on imposing the

educative measure and 54 or 6,1% of the proposal were solved with the sentence verdict against the

juveniles .

From the structure of 891 decision it can be seen that the courts about the proposals of the prosecutors offices took these decisions :

198 or 22,2 % negative decision (dismissal or suspension of procedure) 692 or 77,7 % positive decisions (imposing diversity measure,educative

measure, and sentencing verdict against juveniles) and 1 or 0,1 % transferring the case to another court).……………………

40

The structure of the court decision which were taken anout the proposals fo the prosecutors are as follow:

1

198

692

Negative decision

Positive decisions

Transfer of he case in court

Unsovled criminal reports at the end of reporting period for the juvenile perpetrators of criminal acts

2007 2008Year 2008 compared with

2007 + or - %

MPPO - Gjilan 29 51 +22 +75,9MPPO - Prizren 645 618 -27 -4,2MPPO - Pejë 57 35 -22 -38,6MPPO - Gjakovë 50 8 -42 -84,0 MPPO - Prishtinë 266 491 +225 +84,6MPPO - Ferizaj 100 120 +20 +20.0

MPPO - Mitrovicë

Total MPPO 1147 1323 +176 +15,3

DPPO - Gjilan 2 9 +7 + 350,0

DPPO - Prizren 4 5 +1 + 25,0

DPPO - PEJË 13 18 +5 + 38,5

DPPO - PRISHTINË 102 138 +36 + 35,3

DPPO - MITROVICË

Total DPPO 121 170 +49 +40,5

Total MPPO+DPPO 1268 1493 +225 +17,7

41

At the end of 2008, in the Municipal Public Prosecutor Offices and District Public Prosecutor offices, remained unsolved 970 criminal reports with 1493 persons (without MPPO and DPPO in Mitrovica). Number of unsolved in the reporting period (1493 persons), compared with the previous period is enlarged for 225 or 17.7% of criminal reports for juvenile perpetrators of criminal acts. Unresolved cases from the end of 2008, 1323 or 88.6% of criminal reports to MPPO-s and 170 or 11.4% of criminal reports belong to DPPO-a .

Municipal Public Prosecutors Offices in the reporting period, compared with the previous period, have increased the number of unsolved criminal reports for 176 or 15.3% of criminal reports, and the District Public Prosecutor offices for the same period have exincreased the number of unsolved criminal reports for 49 or 40.5% of criminal reports for juvenile perpetrators of criminal acts.

Taking in consideration the complexity of the character of juveniles, criminal proceedings against juvenile perpetrators of criminal acts , should be special attention and in practice is the opposite.

In prosecutors offices , especially in municipal prosecutors offices, with cases of juvenile perpetrators of criminal acts should deal one prosecutor and prosecutor to be on long experience, not to split the cases to new prosecutors or to split all cases to allprosecutors as happenin practice to some prosecutors offices.

Kosovo Police also in the future must create a sector which will exclusively deal with the criminality of juveniles.

These measures will affect the growth of efficiency in solving the cases relating to the juvenile perpetrators of criminal acts. The unsolved criminal reports for the juvenile perpetrators are reflected in the following chart:

29 51

645

618

57 35 50 8

266

491

100 12

0

1147

1323

0

200

400

600

800

1000

1200

1400

MPPO - G

jilan

MPPO - Prizren

MPPO - Pejë

MPPO - Gjakovë

MPPO - Prishtinë

MPPO - Ferizaj

MPPO - Mitrovicë

Gjithsej MPPO

2007

2008

2 9 4 513

18

102

138

121

170

0

20

40

60

80

100

120

140

160

180

DPPO - Gjilan

DPPO - Prizren

DPPO - Pejë

DPPO - Prishtinë

DPPO - Mitrovicë

Gjithsej DPPO

2007

2008

42

CRIMINAL REPORTS FOR THE JUVENILE PERPETRATORS ACCORDING TO THE CRIMINAL ACTS

During 2008, Municipal and District Prosecutor Office recieved totay for proceedings 2982 criminal reports (without MPPO and DPPO in Mitrovica).

Structure of criminal reports according to the criminal acts criminal, for 2982 persons suspected of committing criminal acts is as follows:

8 or 0.3% of criminal reports related to chapter XIII-Criminal acts against Kosovo and its residents .

All these criminal reports related to article 114-ilegal border crossing.

609 or 20,4 % of criminal reports related to chapter XV- criminal acts agains the life and body.

Number of suspects for committing criminal acts from this chapter in the reporting period, compared with the previous period is enlarged for 46 people. Number of persons suspected of murder was reduced for 14 persons, but in the same period the number of criminal cases under article 153 - light bodily injuries are enlarged for 80 criminal reports.

53 or 1,8 % of criminal repors reletd to chapter i XVI- Criminal acts agains the human righst and freedom .

In the reporting period the number of criminal information from this chapter, compared to the previous year was reduced for 12 or 18.5% of reports. higer number of persons suspected of offenses of this chapter pertain to Article 161-threat with 41 or 77.3% of reports.

13 or 0,4 % of criminal reports are related to chapter XIX-criminal acts against sexual intergrity .

Bigger Number of the criminal reports from this chapter belong to criminal cases under article 198-abuse sexual persons under age sixteen years, with 6 or 46.2% of criminal reports.

1 or 0,03 % of criminal reports belong to chapter XX- Criminal actsagainst marriage and family. 31 or 1,0 % of the criminal reports belong to the chapter XXI- Criminal acts against public health

Highest Number of criminal acts from this chapter pertain to criminal cases regarding drug crime by 26 or 83.9% of criminal reports. Enorme increase the number of criminal acts, regarding the drug is so concerning,therefore institutions that deal with prevention of this phenomenon should in the future should pay particular attention to this problem.

33 or 1,1% of criminal reports belong to chapter XXII-Criminal acts against the economy.

Number of criminal reports from this chapter in the reporting period, compared with the previous period is reduced for 12 or 26.7% of criminal reports. The greater number of criminal acts from this chapter has to do with criminal act under Article 244-counterfeit (money ), with 22 or 66.7% of criminal reports.

43

1687 or 56,6% of criminal reports belong to chapter XXIII-Criminal acts against the economy.

In the reporting period the number of criminal reports, compared with the previous period is enlarged for 116 or 10.9% of criminal reports. Highest Number of criminal reports of this chapter is concerned with offenses under Article 253 – aggravated theft with 810 criminal reports or 48.6% , Article 252-theft with 589 or 34.9% of criminal reports and Article 260-damage of immovable property with 124 or 7.4% of criminal reports etc.

228 or 7.6% of criminal reports belong Chapter XXIV-Criminal acts against the environment, animals, plants and cultural facilities

The Highest Number of criminal reports of this chapter belong to criminal reports Article 285-theft of forest with 224 or 98.2% of criminal reports. Number of this type of criminal reports in the reporting year, compared with the previous year is enlarged for 13.4%.

18 or 0.6% of criminal reports belong to the chapter XXV-Criminal acts against the general security of people and property

Number of criminal reports from this chapter, in the reporting period, compared with the previous period is reduced for 39 or 68.4% of criminal reports. Highest Numberof criminal reports of this kind belongs to the offense under Article 291-causing general danger with 16 or 88.9% of criminal reports. Taking in consideration the , the weight of these criminal acts, the reduction of these acts compared with the previous year for 68.4% is very positive sign.

70 or 2,3% of criminal reports belong to chapter XXVI- Criminal offenses against public traffic safety

The large number of criminal reports of this chapter pertaining to Article 297-Endangering public traffic with 69 or 98.6% of criminal reports. Number of criminal report from this chapter in the reporting year, compared with the previous year is enlarged to 16.7% of criminal reports.

23 or 0.8% of creiminal reports belong to Chapter XXVII-criminal offenses against the administration of justice

The Highest Number of criminal acts from this chapter belong to the offense under article 306-false reporting with 20 or 87.0% of criminal reports.

204 or 6.8% of criminal reports belong Chapter XXVIII-criminal offenses against public order and legal acts.

In the reporting period this type of criminal reports, compared with the previous period is enlarged for 31 or 17.9 of the Criminal reports. Highest Number of criminal reports of this chapter belong to the offense under Article 328- unauthorized ownership, control, possess or use ofweapons, with 71 or 34.8% of criminal reports and offense from Article 338 - damage graves or bodies, with 29.9% of criminal reports.

44

8

609

53 13 131 33

1687

228

18

70 23

204

4

0

200

400

600

800

1000

1200

1400

1600

1800

Chapter XIII

Chapter XV

Chapter XVI

Chapter XIX

Chapter XX

Chapter XXI

Chapter XXII

Chapter XXIII

Chapter XXIV

Chapter XXV

Chapter XXVI

Chapter XXVII

Chapter XXVIII

Other regulations

Total

4 or 0,1% of criminal reports beong to other regulations

Criminal reports for the juvenile perpetrators are reflected as follows:

Opinion (Public) usually is very concerned regarding the movement of delicts of violence for juveniles. In delicts of violence are included offenses as murders and aggravated murders (Art. 146 and 147 CLK), the serious bodily injury and participation in the brawl (Art. 159 and 155 CLK, rape and violent sexual intercourse (Article 193 and 197 CLK ), the Theft with violence, robbery and serious cases of theft with violence (Article 254,255 and 256 CLK) and obstruction of official person and assault of official person (Art. 316 and 317 CLK).

In the reporting period, the Public Prosecutor Offices of the Republic of Kosovo have received for proceedings 244 criminal reports which relate to delict of violence ofjuveniles. In the year 2008, compared with the previous year, the number of delicts violence has increased to 17 or 7.5% of criminal criminal reports (without MPPO and DPPOin Mitroivca). Delicts of violence of juveniles , participate with the total number of criminal criminal with 8.2%, whilst in the Republic of Croatia in 2007, the rate of participation delikteve of violence in the total number of criminal reports has participated with 10, 3%.

45

UNKNOWN PERPETRATORS OF CRIMINAL ACTS

During 2007, Municipal and District Prosercutors Offices received for proceedings 15403 criminal reports for unknown perpetrators of criminal acts. From the criminal reports received for proceedings 14,480 or 94.0% of reports belong toMunicipal PProsercutors officesl, while 923 or 6.0% of the reports belong to district prosecutors offices. For all cases where perpetrators of criminal acts are unknown, prosecutors officesin accordance with legal provisions, requested from the police that with the investigative actions and operations to discover perpetrators and the send cases to proceed tocompetent prosecutors but the results have been very symbolic.…………………….. During the reporting period, have been discovered 282 or 1.8% unknown perpetrators and 4740 or 30.8% of the criminal reports were dismissed by prosecutors because prescription (statutory limitation). The data shown that the level of discovering by KPS is symbolic, so the rate of 1.8% of discovering is concerning.

STRUCTURE OF THE UNKNOWN PERPETRATORS ACCORDING TO THE CRIMINAL ATCS

Structure of unknown perpetrators for 12988 criminal reports according to the chapters of CLK is as follows:

1 or 0,01 % of the criminal reports related to chapter XIII-Criminal acts against Kosova and its residents ,

4 or 0,03 % of criminal reports belong to chapter XIV- Criminal acts against the international right,

438 or 3,4 % of criminal reports belong to chaptert XV-Criminal acts against the life and body

The greater number of criminal reports of this chapter pertains to offenses under Article 146- murders. In the reporting year, compared with the previous year, the number of criminal information from this chapter is enlarged to 180 or 69.8 of the criminal reports,

190 or 1,5 % of the criminal reports belong to chapter XVI- Criminal atcs against the human rights and freedom.

Criminal reports from this chapter in the reporting period, compared with the previous period were reduced for 13 or 6.4%. Highest Number of criminal acts by this chapter constitute offenses under Article 161-threat with 136 or 71.6% of criminal reportsand criminal offenses under Article 160-extortion with 30 or 15.8 of the criminal reports.

1 or 0,01 % criminal reports belong to chapter i XVII- Criminal offences against the rights in the workplace

This offense has to do with Section 186-Endangering safety at work.

46

5 or 0,04 % of criminal reports belong to chapter XVIII- criminal acts against the honor and authority ,

7 or 0,05 % of the criminal reports belong to the chapter XIX-Criminal acts against sexual intergrity ,

5 or 0,04 % of criminal reports belong to chapter XX- Criminal acts aginstr the marriage and family,

20 or 0,1 % of the criminal reports belong to chapter XXI- Criminal acts against public health.

The greater number of criminal reports from this chapter belong to the criminal acts in relation to drug crime, 16 or 80.0% of criminal reports.. Enorme increase the number of criminal acts, regarding the drug is so concerning therefore institutions that deal with prevention of this phenomenon should in the future should pay particularattention to this problem.

76 or 0,6 % of criminal reports belong to chaptert XXII –Criminal acts aginst the economy .

Number of criminal reports from this chapter in the reporting period, compared with the previous period is reduced for 70 or 47.9% of criminal reports. The greater number of criminal acts from this chapter has to do with criminal actions under Article 244-counterfeit (money falsification), with 48 or 63.2% of criminal reports.

10626 or 81,8 % oif criminal reports belong to chapter XXIII- Criminal acts against proeperty .

In the reporting period the number of criminal reports, compared with the previous period is reduced for 516 or 4.6% of reports. Highest Number of criminal reports of this chapter is concerned with offenses under Article 252 - theft with 4630 or 43.6% of criminal reports, Article 253-aggraveted theft with 4503 or 42.4% of criminal reports and article 260-damage of immovable property with 895 or 8.4% of criminal reports etc.

103 or 0,8% of crimina reports belong to chapter XXIV- Criminal actsagainst the environment, animals, plants and cultural facilities

The greater number of criminal reports of this chapter belong Article 285-theft of forest with 95 or 92.2% of criminal reports.

688 or 98,7 % of criminal reports belong to chapter XXV- Criminal acts against the general security of people and property.

The greater number of criminal reports of this kind belongs to the offense under Article 291-causing general danger with 655 or 98.3% of criminal reports.Taking in consideration , the weight of these criminal acts, the large number of these acts is for concern and should be taken effective measures to discover such acts.

263 or 2,0% of criminal reports belong to chapter XXVI-Criminal acts against security of public traffic.

The large number of criminal reports of this chapter pertaining to Article 297-Endangering public traffic with 252 or 95.8% of criminal reports . Number of criminal reprts from this chapter in the reporting year, compared with the previous year is enlarged for 68.6% of criminal reports.

47

6 or 0,05% of criminal reports belong to chapter XXVII-Criminal acts against the Justice administration.

The Highest Number from this chapter is related to the article 306 false reporting with 4 or 66,7 % of criminal reports,

535 or 4,1% of criminal reports related to chapter t XXVIII-criminal offences against public order and legal acts..

In the reporting period this type of criminal reports, compared with the previous period is enlarged for 144 or 36.8 of the Criminal reports. Highest Number of criminal reports are related to article under Article 328-owned holding, control, possess or use ofunauthorized weapons, with 501 or 93.6% of criminal oofences and offense from Article 338-damage graves, or bodies, with 1.9% of criminal reports,

20 or 0.1% belong to the criminal reports are related to other Regulations.

Criminal reports for unknown perpetrators according to the criminal acts arereflected in the following chart.

1 4438 190 1 5 7 5 20 76

10626

103

688 263 6

53520

0

2000

4000

6000

8000

10000

12000

Chapter XIII

Chapter XIV

Chapter XV

Chapter XVI

Chapter XVII

Chapter XVIII

Chapter XIX

Chapter XX

Chapter XXI

Chapter XXII

Chapter XXIII

Chapter XXIV

Chapter XXV

Chapter XXVI

Chapter XXVII

Chapter XXVIII

Other regulations

Year 2008

48

RESOURCES SITUATION IN KOSOVO PUBLIC PROSECUTORS OFFICES.

4 Deployment of the Prosecutors and civilian staff based on the workload with criminal reports-cases.

12)

Name of the Prosecutors Office

Num

ber

of c

rim

inal

rep

orts

re

ceiv

ed f

or p

roce

edin

gs in

2008

Stru

ctur

e of

the

cas

es r

ecei

ved

fpr

pro

ceed

ings

Dep

loym

ent

of t

he P

rose

cuto

rs.

In M

PP

O a

nd D

PP

O e

nd o

f20

08

Dep

loym

ent

of t

he P

rose

cuto

rs in

M

PP

O a

nd D

PP

O b

ased

on

the

stru

ctur

ed o

f re

ceiv

ed c

ases

for

pr

ocee

ding

s in

200

8

Dep

loym

ent

of

122

Pro

secu

tors

al

low

eid

in 2

008

base

d on

cr

imin

al r

epor

ts.

Dep

loym

ent

of C

iurr

ent

civi

liean

sta

ff in

200

8 .

1 2 3 4 5 6

MPPO-Gjilan 3842 15,7 7 (1) 8 11 19MPPO -Prizren 3829 15,6 9 8 11 22MPPO -Pejë 2991 12,2 5 6 9 14MPPO -Gjakovë 935 3,8 3 2 3 15MPPO -Prishtinë 7957 32,5 15 17 21 39MPPO -Ferizaj 2543 10,4 6 (1) 5 7 13MPPO -Mitrovicë 2393 9,8 6 (1) 5 7 13-Total –MPPO 24490 100,0 51 51 69 135DPPO-Gjilan 412 12,1 5 4 6 11DPPO -Prizren 455 13,4 7 4 7 23DPPO -Pejë 640 18,8 7 6 9 22DPPO -Prishtinë 1379 40,6 8 (1) 13 17 20DPPO -Mitrovicë 512 15,1 5 5 7 18Total–DPPO- 3398 100,0 32 32 46 94MPPO of Kosova 6 6 7 8-Total Prosecutors 89 89 122 237

14) DPPO in 2008 received 3398 criminal reports of adult perpetrators and juveniles which in proportion with Criminal reports of MPPO are assed 1:5 mean 3398x5=16990 reports 15) Prosecutors (89) are divided in propotion 51,0% MPPO , 32,0% DPPO and PPORK 6. Numbers in parentheses present 2 suspended prosecutors and 2 serbian prosecutors which are not coming to work since the declaration of independence of Kosova.

________________________________________________________________________________________________________________

12) Criminal reports for unknown perpetrators of c.a. and different criminal cases are assed in the report with the criminal reports for adult perpetrators 1:8 col 1

13) Ciminal cases of the second instance are assed in the report with the criminal reports of DPPO-s 1:3

49

On 31/12/2007 In the Public Prosecutors Offices of Republic of Kosova have been appointed 89 officials exercising the function of Public Prosecutor. From the nominated prosecutors 51 or 57,3 % are of Municipal Public Prosecutors Offices, 32 or 36,0% are of Distirct Public Prosecutors Offices and 6 or 6,7% are of Public Prosecutors Office or Republic of Kosova.

Compared with the previous year (2007), the number of prosecutors in 2008 increased by 6 or 7.2%, whereas the number of criminal reports cases in Municipal Prosecutors offices has been increased for 5.1% (without MMPO and DPPO in Mitrovica) . The Increase of the number of prosecutors, in fact, is fictitious because in the beginning of the year were suspended 2 prosecutors,whereas 2 prosecutors of serbian nationality are not working since Kosovo's declaration of independence. For the year 2008, were allowed 92 position of holding the function of the prosecutor which means that the 3 positions are not filled. As for 2008 are 30 positions to allow the carrier to function as a prosecutor and 3 positions which were not fulfilled in 2008, means that for 2008 should be the nomination appointment of 33 prosecutors more. Nomination of 33 prosecutors was not done because in 2009 began the process of appointment and reappointment of all judges and prosecutors. It should be noted that the current deployment of the number of prosecutors is not real and is not consistent with the structure of the cases received in the prosecutors offices, so this defect must be improved during the deployment of 30 prosecutors allowed for 2008 and 3 vacancies remained from 2008. Not rational deployment has affected the growth of unsolved criminal reports at the end of the reporting period ie the criminal reports of adult perpetrators unresolved at the end of the reporting period have increased for 1787 persons or 43.6%, while at thejuvenile perpetrators the increase is for 225 or 17.7% of criminal reports.

Based on the structure of – criminal reports- cases received for proceedings in 2008, MPPO in Pristina had to have 17 prosecutors and not 15, MPPO in Peja had to have 6 prosecutors and not 5, the MPPO in Mitrovica was supposed to have 5 prosecutors and not 6 (see col. 2 and 3 of the board. 4), because of this case has been increased the number of insolved criminal reports at these MPPO-s.

It should also be noted that the deployment of the prosecutors in the DPPO has in discrepancy with the number of criminal reports –cases received for proceedings, i.e.DPPO in Prizren based on the structure of criminal reports-cases received for proceedings had to have 4 while prosecutors but had 7, DPPO in Peja had to have 6, not 7 prosecutors as it has now, DPPO in Pristina had 8 and had to have 13 (see col. 2 and 3 of the table. 4). Regarding DPPO in Pristina should be taken an emergency measure which will improve this situation orotherwise the number of prosecutors (now are 7 prosecutors) is impossible to cope influx of received criminal reports for proceedings. Anomaly is that the Kosovo Special Prosecutor's Office to have 9 professional prosecutors , who in 2008 received an average of every prosecutors 8 criminal reports, and DPPO in Prishtina with 8 prosecutors and 3 professional cooperators, throughout the year report received 172 criminal reports.

In 2008, in the Republic of Kosovo for hundred thousand inhabitants were appointed 4 prosecutors, in the Republic of Bosnia Herzegovina in 2007 were 11 prosecutors in hundred thousdand inhabitants, while in the Republic of Croatia for the same year were appointed 12 prosecutors in one hundred thousand inhabitants.……………………………..

50

If are appointed the 30 prosecutors in 2008, then Republic of Kosova will; have a 5.7 (fixed 6) prosecutors in one hundred inhabitants. Based on the data listed it can be seen that the number of prosecutors is not even the approximate number of prosecutors in the states of the region .

To reduce the problem related to the small number of prosecutors, in the legal solutions for prosecutors offices in the future should be advanced the professional cooperaters in to prosecutors assistants,to enble to represent in court procedure (this solution has Croatia).…………………………………………………………………………………….On 31/12/2008, in the civilian staff of the Public prosecutors office in Kosovo, have been employed 266 persons(with special prosecutors office of Kosovo), of which 157 or 59.0% were females while 109 or 41.0% of persons employed were male.…………...From the total number of employees, 251 or 94.4% of employees are Albanian nationality, while 15 or 5.6% of employees are from minorities.………………………………………….Structure of employees according to prosecutors offices is as follows:

- Municpal Public Prosecutors Offices had 135 employees or 50,8 %,- District Public Prosecutors Offices had 94 employees or 35,3 %,- Kosovo Special Prosecutor Offices had 29 employees ose 10,9 % and- Public Prosecutor Office of Republic of Kosova had 8 employees or 3,3% .

Based on the structure of deployment of 266 employees, it is noted that the deployment of employees is not based on the criterion of workload of prosecutors with criminal reports. 81.7% of criminal reports respectively 50,8% belong to MPPO-s,,13.3% of criminal reports respectively 35.3% employees,belong to DPPO-s 4.9% of criminal reports, respectively, 3.3% of employees belong PPORK and 10.9% of employees respectively 0.1% of criminal reports belong to KSPO (Kosovo Special Prosecutor Office). And it is pointless and unfair to be workloaded with 0.1% of the criminal reports and to have 10.9% of staff as it has Special Prosecutor of Kosovo, or 81.7% of criminal reports and 50.8% of civilian staff to MPPO-s. The division of resources within prosecutors offices is unfair, for example-to DPPO in Pristina belong 40.6% of criminal reports. In the registry office of this prosecutors office are working 2 persons, whereas at the DPPO in Gjilan that belong 12.1% of criminal reports-cases,are working 3 persons. In Ferizaj MPPO is working one person whereas in MPPO in Gjilan working 4 persons. Ministry of Justice in cooperation with Public Prosecutors Offices of Kosova in the future should draft an org-chart, which will be based on structure (workload) with criminal reports - cases. In addition, for severeal years in a row in the Public Prosecutor of the Republic of Kosovo is not employed any intern in order to become training of new staff. Involvement of practitioners and professional cooperators as well their quality education is condition for efficient work of prosecutors offices and in the future should be paid special attention to this issue. Completion of the vacancies motivated staff for work in the prosecutors offices is a condition for performing the job that day by day becoming more complex.

51

The structure of the criminal reports and the structure of the employees in the prosecutors offices is reflected in the following chart:

81.7

%

53.7

%

13.3

%

33.7

%

0.1%

6.3%

4.9% 6.

3%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

MPPO-s

DPPO-s

SPKPPO

RK

Nr. Of received criminalreports

Deployment e Prosecutors

52

CONCLUSION

As a conclusion of this report there were taken some observations and recommendations of some public prosecutors offices which have stated in writing in the annual report for 2008, otherwise it is very small number of prosecutors offices whichhave submitted written report. From the Reports written by prosecutors offices and the contacts that office of statistics had to with the prosecutors offices,the remarks were focused: • Public Prosecuot Republic of Kosovo have serious remarks regarding the punitive policy of the courts of first instance because the courts apply too lenient punitive policy. The courts of the second instances also when deciding about the appeals ,usually approve the appeals of the accused –reduce the sentence , while the appeals s of prosecutors to increase the sentence in many cases are rejected. It is interesting to note the fact that many accusatory acts of prosecutors offices, are dismissed due to the statutory limitation because t that they could not be judged in the period foreseen by the law from courts, even though there urgency written to presidents of courts, but could not have achieved any success in this direction.Only MPPOin Prizren since 2000 until the end of the year 2008 are prescribed (with statutory limitation) (relative and absolute prescribtion) in court procedure 1848 accusation acts (summary indictments and indictments) . • There is serious remarks regarding the development and application of case management system (CMS), which has stagnated in the application for which administration of prosecutors has huge difficulties. Monitoring the work of the prosecutors in particular, monitoring of the most important criminal reports can not be done without a real system of case management-CMS.

Without information program and their development rograms, Public Prosecutors offices will be in difficulties, especially with regard to effectiveness in fighting corruption, economic crime and protecting the wealth of the Republic of Kosovo. Only the application of advanced information programs will significantly affect the monitoring of criminal reports-case-received for proceedings. • Difficulties which are affecting prosecutors stalling procedures are causing delays on the autopsy reports by the Institute of Forensic Medicine, especially criminal reports of urgent nature – with detention which is making imposible the completion of the cases in time • Obstacle to complete (finish) cases is caused by the fact that the number of the reported persons are at large and are not accessible to the prosecutors bodies , especially present difficulties are presenting the reported persons of Serbian nationality that a high number of this type such have remained unsolved. • The environment of the work of prosecutors offices are inadequate, and some areas in which the prosecutors working are are offensive and harmful to the health of employees, ieMPPO in Prizren until January of 2009 is working in cellars, and now work in a private house which is unsuitable for the work. The Space for the work is a key factor which affects the efficiency of the public prosecutors offices of the Republic of Kosova. In general all Public Prosecutors Offices of Kosovo have no conditions except for the MPPO in Gjakova • In many prosecutors offices, are placed two prosecutors in same office - with the interrogations of suspects or the investigation of any action make imposible for the other staying another prosecutor in office ,, prosecutors office administration also has not normal conditions for performing administrative jobs, 5 persons working in one office.

53

• Serious problem for the issue of space represents the case of Public prosecutors office in Mitrovic which more than one year have been moved out from by prosecutors officebuilding in north Mitrovica. In fact these prosecutors offices are not working. Work which these prosecutors offices are performing is emergency work and for this reason the prosecutor did not send the report for 2008. • Problem in itself represents the distance of the headquarters of the prosecutors offices with the courts. When is known that the MPPO-s, are not equipped with adequate vehicles, cars available (Niva) which are almost totally overused and often happens that because of outdated vehicles, prosecutors remain on the street and can not reach trials in a time. In addition, prosecutors offices have not sufficient number of vehicles, such as the MPPO Prizren represents 4 municipal courts amd has available 2 cars (one is the overused NIVA). • Maintenance of equipment of information technology to prosecutors offics is not at the level,for this should be mentioned the case of Gjakova MPPO, which has not internet access, internet is not working for more than a year. • Equipping each citizen with ID document when it is possible and more accurate addresses in the cities, is a factor that occupies important place in discovery the unknown perpetrators of criminal acts. • Is worth mentioning low motivation of prosecutors and civilian staff due to low salaries, the largest anomalia is the courts that work in the same building by taking additional € 50 for each month for meal, while prosecutors offices not. This is completely under the pretext that prosecutors offices not contribute to the collection of court fees (tax). Such a conclusion is meaningless because the criminal proceedings starts in prosecutors office and without representation of the prosecutor can not be completed criminal proceedings. In addition with the proposal of the prosecutors 4514 criminal report have been resolved with punititve orders. If any penal(punitive) sentence, the average would be 200 Euro, then in 2008, the budget of the Republic of Kosovo will deposited 902800.00 Euro. Conclusion that the Public Proseuctors offices not contribute to replenish the budget of the Republic of Kosovo is wrong and pointless. • In some of prosecutors offices are taken some initiatives for holding several meetings with station police superiors and customs, but these meetings should be held at the Republic level and to expand the number of participants with other subjects which are important in the process of prosecutors (Anti-corruption Agency, Tax Administration, the Center of financial information, etc.). • At the end should be noted that very serious problem for the work of public prosecutors offices in Kosova, represents the fact that the only in region are Public Prosecutors Offices in Kosovo that Directives for the activity of public prosecutors offices. In lack of this directive , the work of the administration of Public Prosecutors Offices is not unified. In addition, it is important to note the fact in non of the prosecutors offices is functioning the archive to place the completed criminal reports, there is even some possibility that at some prosecutors offices the archiving case to be destroyed (by humidity and inadequate conditions for placing the cases).

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