Mediation as an Alternative of Criminal Case Resolution in Kosovo Juvenile Criminal Proceedings

Abstract

Mediation is a law institute which enables alternative resolution of a criminal case between the subjects of law outside of court. It may be applicable except in criminal proceedings in which are adjudicated adults perpetrators of criminal offences, also in juvenile criminal proceedings. Through application of this institute is aimed to help the parties (to minor and the injured party) to achieve the resolution of a criminal case in the most functional manner and in accordance with their best interests. The importance of mediation is diverse. It effects in reducing the number of court cases awaiting resolution, reducing public expenditures, raising the level of social responsibility, educating citizens with the feeling of seeking forgiveness and compensation of damage, as well as cooperation with criminal procedure bodies, eliminating cases of vigilantism etc. Mediation is constituted of numerous characteristics which make it a “sui generis” institute in criminal case resolution alternatives.

Modest results of this scientific paper indicate that this institute in Kosovo courts and prosecutions concerning juvenile criminal proceedings is applicable in a very few cases. Causes of this situation may refer to the fact of not knowing the advantages of applying this institution by juvenile judges and prosecutors, but also due to the fact this institute has similarities with diversity measures, which are more preferred to be imposed against juveniles.