Speech of Chief State Prosecutor who at the same time is President of Kosovo Prosecutorial Council held in the ceremony of presentation of the Working Report of Prosecution Offices of Republic of Kosovo for year 2011
Prishtina 18 April 2012
During 2011 Prosecution Offices of Republic of Kosova have improved and advanced their work in all aspects, as when it comes to effectiveness, promptness and quality as well. These offices have worked with 61% of the Prosecutors` capacities and with prominent lack of adequate and supporting staff. Prosecution Offices in region of Peja and region of Mitrovica as well as Municipal Prosecution Office in Ferizaj have worked in deficient working conditions and with huge lack of the working facility.
As far as Prosecutors` working results assessment related to the work volume, and within this of each Prosecution Office in particular and Prosecutorial system in general, we are using existing orientation norm, according to which each Prosecutor of Municipal Prosecution Office shall complete or solve 250 criminal reports per year, whereas a Prosecutor of District Prosecution Office shall complete or solve 60 criminal reports per year. Prosecutors in State Prosecutor`s Office and the ones of Special Prosecution Office of Republic of Kosovo, although the latest are first instance Prosecutors, do not have orientation norms. This year Kosovo Prosecutorial Council has defined norms for SPRK, too, and the same shall be applied from 01.01.2012.
As far as work effectiveness is concerned the results are excellent. Every Municipal Prosecutor has solved 647 criminal reports on average, whereas District Prosecutors 119 criminal reports on average. I shall emphasize that the most effective first instance Prosecution Office is Prosecution Office of Gjilan with 997 criminal reports solved on average per Prosecutors and the District Prosecution Office of Prishtina with 175 criminal reports solved per Prosecutor.
Prosecutors of Special Prosecution Office of Republic of Kosovo, both, resident and international ones, have solved 43 criminal reports against 282 persons. This data is an indicator that this Prosecution Office deals with solving the most complicated cases when it comes to the nature of criminal offenses committed and also when it comes to the number of persons involved in crime commitment.
Prosecutors in State Prosecutor`s Office have completed 99% of the cases received at work.
As far as quality is concerned work results are also excellent ones. During the reporting year Prosecutors have accused 25.865 persons. Concerning these accusations and accusations from previous years Courts have brought first instance judgments against 20.705 persons, out of which number judgments brought concerning 286 persons or 1,6% of them were first instance ones, with released from charges. Furthermore, Courts have refused indictments against 964 persons due to Prosecutors` withdrawal from criminal prosecution, whereas the procedure against 3336 persons was dismissed due to the expiration of the status of limitation.
An indicator for excellent quality of the indictments is the indictment confirmation procedure that is applied within the Courts. Out of all filed indictments that are subject of confirmation procedure there were not confirmed only indictments against 83 persons, which is only 1,5% of number of persons accused with such indictments.
For a prosecutorial system is a success if during a year Courts bring suspended sentence judgments and refusing ones if the number of such judgment does not exceed 15% of the total number of trialed persons, whereas during the last year we had in total 6% of first instance judgments via which the accused ones were released from the judgments or the indictment has been refused due to Prosecutors` withdrawal from criminal prosecution in trial session.
The promptness success is also an excellent one. The fact is that at the end of the respective year there have remained unsolved criminal reports against 22.991 persons or against 684 persons more than in the previous year, but during this year we have received at work criminal reports against 4.705 more persons.
Praised results were also achieved in the initiation of criminal procedures upon the Prosecutors` initiatives. This year in this way, there were started procedures for 330 cases, which is 192% more than in the previous year.
According to criminal reports the criminality marks an increase because we have received at work criminal reports against 4.705 person more than in the previous year.
During this year there were presented 13 persons for war crimes and crimes against international law. Out of these criminal reports and the ones from previous year there were solved criminal reports against 10 persons in the following ways: eight of them are accused, whereas when it comes to two (2) persons there was proved that we do not have to do with crimes of this nature and the same were ceased to competent Prosecution Offices. At the end of the reporting year there have remained unsolved criminal reports against 1.083 persons. The Criminal Procedure Code of Kosova does not allow nor trial in absence neither completion of the investigation without conducting the hearing session of the defendant. Most of the suspects for committing the respective criminal offenses are not reachable for Prosecution Authorities and thus the procedure could not be completed in the Prosecution. There is very important to mention that criminal prosecution for most of these criminal offenses can not have status of limitation.
For criminal offenses of human trafficking and smuggling with migrants there were presented 185 persons. Prosecution Offices have accused 109 persons for these crimes, against 66 persons there was concluded that they did not commit these offenses, but they did commit other kind of offenses. At the end of the year there have remained unsolved criminal reports against 126 persons, within which number in addition to criminal reports received during the reporting year there are added the ones inherited from previous years as well.
When it comes to organized crime there were presented 51 persons and from previous year we had unsolved criminal reports of this kind against 101 persons. 36 persons have been accused, against 13 persons the procedure was suspended, whereas criminal reports against 9 persons were ceased to the competent authority after there was proved that we do not have to do with organized crime cases. There have remained unsolved criminal reports against 93 persons.
For criminal offenses related to narcotics there were received at work criminal reports against 493 persons, whereas from previous years there have remained unsolved criminal reports against 220 persons. This year we have accused 309 persons, whereas we have solved criminal reports against 432 persons. There have remained unsolved criminal reports against 309 persons.
For criminal offenses against official duty, corruption and the ones related to its abuse we had at work criminal reports against 1.503 persons, out of which 820 were presented during the reporting year.
During this year we have assigned Special Prosecutors in each Prosecution Office for criminal offenses of this kind, by appointing a Coordinator for managing the Prosecution Offices` work concerning these offenses as well. This has resulted successful because we have solved criminal reports against 392 persons more than in the previous year. We have accused 354 persons, whereas we have solved criminal reports against 743 persons. There is noticeable that there is a significant difference between the number of accused persons against whom the criminal reports have been solved and the number of accused ones. This is mainly as a consequence of the non-qualitative criminal reports and criminal reports that were not based on evidences.
At last I inform you for data related to criminal reports related to domestic violence. For these criminal offenses there were filed criminal reports against 542 persons, whereas from previous year we had at work criminal reports against 87 persons. Prosecution Offices have solved cases against 515 persons, or 81.9% of persons that were at work and at the end of reporting year there have remained unsolved criminal reports against 114 persons. 426 persons were accused.
For unknown criminal offenders there were presented 12.703 criminal reports and comparing to last year there were 226 less criminal reports which is an indicator that Police and Prosecution effectiveness in disclosing unknown criminal offenders has increased.
During 2011 there were appointed 8 Prosecutors, out of whom 3 were assigned to Municipal Prosecution Offices and in District ones. We have ended the respective year with completion of free posts for 34 more Prosecutors, out of whom 16 Prosecutors` posts are reserved for Prosecutors from minorities’ communities.
In the last meeting the Council has proposed to the President to decree 12 more Prosecutors for Municipal Prosecution Offices. Kosovo Prosecutorial Council has also in the last meeting decided to increase the number of Prosecutors in Prosecution Offices of Republic of Kosovo for 20 more in order to meet the needed number for Prosecutors as foreseen by the new organizational structure of Prosecutorial system.
State Prosecutor`s aim is Prosecutors` specializing. Prosecutors for corruption and Juveniles` procedures have been specialized. During this year there will be Prosecutors specialized for Departments of Serious Crimes and in cooperation with Judicial Institute we will carry on with the Continuous Legal Education of Prosecutors who are recently appointed.
In order to increase the transparency State Prosecutor has also marked results in cooperation with the public and non-governmental organizations. WebPages of State Prosecutor and Kosovo Prosecutorial Council are installed, whereas there are also assigned Prosecutors that will be trained for mass communication.
