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All Journal Brawijaya Law Journal : Journal of Legal Studies
Hajdari, Azem
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Law, Crime, Criminology & Criminal Justice

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ROLE AND POSITION OF THE DEFENDANT IN THE PLEA AGREEMENT Sadriu, Vaxhid; Hajdari, Azem
Brawijaya Law Journal Vol 6, No 2 (2019): State Regulations and Law Enforcement
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.02.05

Abstract

The object of this study is the plea agreement in the criminal procedure of Kosovo. The study focuses on defining the understanding of the plea agreement, specifying the role and position of defendant in the plea agreement, specifying the rights and obligations of the defendant in the plea agreement, and on the elaboration of the importance and effects of the plea agreement for the defendant and withdrawal of such agreement for the reasons that may be related to it. The results of this paper prove that the guilty plea agreement in the Kosovo courts practice has had a direct effect on mitigation the level of sentence or in some cases acquits punishment. Looking into this aspect, the biggest benefits resulted on favor of defendants with the status of cooperative witness. The contribution of this paper is theoretical and practical, since it deals with an issue almost untreated in Kosovo. These issues focus on legal solutions, theoretical approach, as well as operational aspects concretized in the practical activity of criminal procedure subjects. The legal, comparative, tracing and theoretical analysis methods have been helped in the preparation of this study.
Fraud in the comperative perspective of civil and criminal law with special focus in Kosovo Hajdari, Egzonis; Hajdari, Albulena; Hajdari, Azem
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.04

Abstract

The object of this study is fraud in the comparative aspect of civil and criminal law based on the relevant legislation and Kosovo legal theory. The results of this study prove that fraud in the Kosovo courts practice is relatively common, and that there are many irregularities in its handling. Irregularities mostly refer to the lack of clarity matter of differences that this harmful phenomenon contains in itself when handled in the civil legal aspect from the treatment given to it in the criminal legal aspect. These uncertainties have influenced that in each concrete case the phenomenon of fraud in Kosovo is first addressed in the criminal aspect and then eventually in the civil aspect. The study highlights the similarities, differences and existing ambiguities of fraud when handled in the civil legal aspect from the treatment given to it in the criminal legal context, as well as it addresses the appropriate ways of clarifying such situation. The contribution of this study is theoretical and practical, bearing in mind the fact that it deals with an almost unaddressed issue in Kosovo and perhaps in many other countries.
Role and Position of the Defendant in the Plea Agreement Sadriu, Vaxhid; Hajdari, Azem
Brawijaya Law Journal Vol. 6 No. 2 (2019): State Regulations and Law Enforcement
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.02.05

Abstract

The object of this study is the plea agreement in the criminal procedure of Kosovo. The study focuses on defining the understanding of the plea agreement, specifying the role and position of defendant in the plea agreement, specifying the rights and obligations of the defendant in the plea agreement, and on the elaboration of the importance and effects of the plea agreement for the defendant and withdrawal of such agreement for the reasons that may be related to it. The results of this paper prove that the guilty plea agreement in the Kosovo courts practice has had a direct effect on mitigation the level of sentence or in some cases acquits punishment. Looking into this aspect, the biggest benefits resulted on favor of defendants with the status of cooperative witness. The contribution of this paper is theoretical and practical, since it deals with an issue almost untreated in Kosovo. These issues focus on legal solutions, theoretical approach, as well as operational aspects concretized in the practical activity of criminal procedure subjects. The legal, comparative, tracing and theoretical analysis methods have been helped in the preparation of this study.
Fraud in the comperative perspective of civil and criminal law with special focus in Kosovo Hajdari, Egzonis; Hajdari, Albulena; Hajdari, Azem
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.04

Abstract

The object of this study is fraud in the comparative aspect of civil and criminal law based on the relevant legislation and Kosovo legal theory. The results of this study prove that fraud in the Kosovo courts practice is relatively common, and that there are many irregularities in its handling. Irregularities mostly refer to the lack of clarity matter of differences that this harmful phenomenon contains in itself when handled in the civil legal aspect from the treatment given to it in the criminal legal aspect. These uncertainties have influenced that in each concrete case the phenomenon of fraud in Kosovo is first addressed in the criminal aspect and then eventually in the civil aspect. The study highlights the similarities, differences and existing ambiguities of fraud when handled in the civil legal aspect from the treatment given to it in the criminal legal context, as well as it addresses the appropriate ways of clarifying such situation. The contribution of this study is theoretical and practical, bearing in mind the fact that it deals with an almost unaddressed issue in Kosovo and perhaps in many other countries.
Punishment Policy for Perpetrators of the Criminal Offenses of Accepting and Giving Bribes in the Republic of Kosovo Hajdari, Azem; Hajdari, Albulena; Jupolli, Bashkim
Brawijaya Law Journal Vol. 9 No. 2 (2022): Energy and Environmental Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2022.009.02.07

Abstract

This study examines the criminal offense of accepting and giving bribes as one of the oldest manifestations of corruption, which continues to be a critical issue even today. Furthermore, at a time when public opinion and perception of corruption in Kosovo are considered significant, this study aims to reflect the presence of these two criminal acts, reveal the fact that one of these offenses dominates, reveal the profiles of those convicted, and determine what punishment policy has been applied by courts. In addition, this study attempts to demonstrate the significant defiance, irregularities, and uncertainties that accompany prosecuting and adjudicating those who commit these types of offenses. This study has theoretical and practical implications as it addresses issues that, in various ways, are not adequately addressed in Kosovo and may perhaps go beyond Kosovo.
Co-Authors Hajdari, Albulena Hajdari, Egzonis Jupolli, Bashkim Sadriu, Vaxhid