REPUBLIKA E KOSOVËS REPUBLIKA KOSOVA – REPUBLIC OF KOSOVO

METODY BADAŃ DYNAMICZNYCH HTTPKGLIZARDREPUBLIKAPLSOCJOHTM SPIS TREŚCI RAMOWY
(NOSILAC PROJEKTA) REPUBLIKA SRBIJA OPŠTINSKA UPRAVA SMEDEREVSKA
(V NADALJEVANJU NAJEMODAJALEC) IN REPUBLIKA SLOVENIJA MINISTRSTVO ZA

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Republika e Kosovës

Republika Kosova – Republic of Kosovo

Qeveria - Vlada - Government

MINISTRIA E DREJTËSISË

MINISTARSTVO PRAVDE /MINISTRY OF JUSTICE

CONSULTATION PAPER

ON THE DRAFT CONCEPT PAPER ON CRIME VICTIM

COMPENSATION

April 2020

Brief summary of the draft Concept Paper

Crime Victim Compensation

The main issues addressed by the Concept Paper Crime Victim

Compensation

On a global level, almost all countries have regulated in their criminal justice system the issue of compensation of crime victims, whether from public revenue (the state) or from offenders. Currently, in Kosovo this area is regulated by the Law on Crime Victim Compensation, published in the Official Gazette in June 2015. It is worth noting that although the law entered into force 15 days after its publication in the Official Gazette, most of its articles have started being implemented one year after the entry into force of this law.

The problems that have influenced the change of this policy is the small number of cases of submitted requests, i.e. the small number of compensated cases. This is explained and related to some restrictions on legal deadlines, criteria for filing requests for compensation, and ambiguities in the scope of this law regarding the definition of compensatory criminal offenses under the law.

According to this law, the Commission for Crime Victim Compensation was established and the annual budget was allocated, thus the program became operational in May 2017. The Commission examines and decides on the requests received from persons who claim to be victims of crime. By the end of 2019, the Commission has approved 15 cases for compensation. The compensated cases include: criminal offenses of murder, in which case family members have been compensated for suffering as well as compensation for funeral expenses; human trafficking, where victims are compensated for damage to physical and mental health as well as other medical expenses; victims of sexual abuse, where they were compensated for medical and hospitalization expenses and mental health disorder; child victims of sexual abuse and victims of domestic violence were compensated for damage to physical and mental health.

Official documents authorizing the drafting of Concept Paper

The drafting the Concept Paper is based on the draft Government Annual Work Plan for 2020. Specifically, this Concept Paper is part of the Government’s Strategic Priority No. 1. Good Governance and Rule of Law, MoJ Strategic Development Plan 2018-2021; part of NPISAA 2020, chapters 23 and 24; Articles 83 and 84 of the SAA.

Objectives intended to be met through this Draft Law

The purpose of this policy is to strengthen the rights and protection of victims of crime, through their compensation for the damage suffered by violent criminal offenses. In this regard, the objectives of this Concept Paper have been taken from existing strategic planning documents of the Government and the Ministry of Justice, and a specific objective has been created based on the analysis of the working group in the preparation of the Concept.

Specific objectives:

Tripling the cases of requests for compensation and increasing the number of compensated victims up to 2022;
Advancing comprehensive policies on the protection of victims of domestic violence;
Improving the legal infrastructure and other acts for the efficient treatment of cases of domestic violence;
Strengthening cooperation and coordination at local and international level for the prevention, prosecution, protection and reintegration of victims of trafficking, etc.

Purpose of consultation

For the purpose of regulating the aforementioned issue, consultations have started earlier and as a result of these consultations, it was concluded that the current Law on Crime Victim Compensation needs to be supplemented/amended. Meetings have been held, including organized public meetings, consultations with field experts, and representatives of the Judiciary, civil society, and international organizations in Kosovo.

The public consultation phase is conducted through various methods, including the Electronic Platform for Public Consultations and direct meetings with the stakeholder. It will include all the institutions and all the categories of society, both those with high impact or interest, or those who can contribute to the review of options and the advancement of legislation to improve efficiency in the proper regulation of this field.

All categories of society, all institutions of the Republic of Kosovo, civil society organizations, international organizations in Kosovo, and experts of various technical assistance projects in the institutions of the Republic of Kosovo can provide an important contribution.

Consultation topics and options review

Comments and recommendations for the Concept Paper on the Compensation of Crime Victims can be given for each of the issues included in the Concept Paper through the Online Platform for public consultation under the section where general and specific comments are provided.

Comments and feedback may also be presented below in a summary of reviewed options that may guide the stakeholders, and are intended to facilitate the consultation process and identify key issues to be commented.

CONSULTATION TOPICS AND OPTIONS REVIEW

Consultation

topics

Option 1

Option 2

Option 3

Please comment on each policy option, especially option 2. Where do you see the benefits and disadvantages of each option?

Topic: 1

Amending /Supplementing the Law on Crime Victim Compensation

Maintaining the status quo, identified problems would persist

The second option is to change the current policy without legal amendments.

The third option is to change the current policy through legal amendments.

Topic: 2

Legal deadlines for submitting requests

Maintaining the status quo, identified problems would persist

Does not allow the achievement of objectives, and does not change the current situation.

This option provides for the extension of the deadline in order to enable the victims to exercise their right to compensation.

Topic: 4

Types of compensation

Maintaining the status quo, identified problems would persist

The current regulation does not ensure the achievement of desired results.

This option provides for expansion with other categories of victim compensation.

The follow-up steps of the consultation process

Upon the conclusion of the public consultation process of the Concept Paper on the Compensation of Crime Victims, the working group shall review separately each feedback. As a result of the work for reviewing contributions, and based on the recommendations from the consultation process, the final draft of the Concept Document will be drafted, whereby the Ministry of Justice will compile a Consultation Report which will include information on the consultation process, the parties consulted, methods used during the consultation and detailed information about them, public participation in the consultation process and comments received. The report will also provide information on each comment that has been taken into account, explanations and reasoning for each comment that has not been included. The report will be accessible to the public within the shortest period of time possible after completion of the consultation process and finalization of the Draft Concept Paper on Crime Victim Compensation.

Where and how to send your feedback in writing

The feedback within the consultation process of the Concept Paper on the Compensation of Crime Victims shall be submitted in writing through the Online Platform for Public Consultation or via the email [email protected]. The deadline to submit the feedback is 18.05.2020.

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