Legal skills training for prosecutors from Mitrovica region: Prosecutor’s challenges and the new Criminal Code with particular emphasis on new provisions with legislative changes Legal

April 16 - 19, Academy of Justice within its Continuous Training Program with the support of OSCE conducted training in Durres of Albania, on the Legal skills for prosecutors from Mitrovica region, focusing on prosecutor’s challenges and the new criminal code with its new provisions with legislative changes.

Opening of this training was made by Mr. Ilia Bundaleski Regional Director of the OSCE Mission in Mitrovica who emphasized importance of this training related to the new changes of the Criminal Code and especially the new envisaged offences. The opening continued with a speech of Mr. Aleksandër Lumezi, the Chief State Prosecutor who addressed the difficulties at work and entrance of the new Criminal Code into force that has had material and procedural changes, and which are important for the prosecutor’s work. Particular attention was paid to corruption offences, sanctioning policy and role of the prosecutor in application of the investigation and raising the indictments.

Further, the training continued with opening by Mr. Shyqri Syla, Chief Prosecutor in Mitrovica Basic Prosecution who in his speech expressed gratitude to OSCE for cooperation and support in the rule of law, in the integration process and continuous support in form of trainings and other ways. At the end, Mrs. Laura Pula, Prosecutor in the State Chief Prosecutors Office, addressed the participants, acknowledging organizers of the training, the State Chief Prosecutor, participants and the Academy of Justice; later she presented the main points and objectives of the training, asking for interactivity of the participants throughout this training.

First day of the training mainly discussed about the challenges and difficulties in daily work of the prosecutors of Mitrovica region, since after the war, small number of prosecutors, then new organization of the prosecution according to the law, integration of the new prosecutors and administrative staff according to the Brussels Agreement, until now. It continued further with emphasis on the need for translation of the cases that presented a challenge due to small number of translators, which was overcome with the efforts and support of the donors and the KPC by increasing the number of translators. This training identified the next challenge, which is large number of judges in all branches which fact impacts on overburdening prosecutors with courts summons for hearings and leaving very little time available to work in the offices, as number of judges is larger in comparison with the number of prosecutors. Considering all the challenges, still the prosecutors work has been productive handling and exceeding the norm and wiring 2018 92% of the indictments have been supported in courts with punishing judgments.

The following three days of this training identified changes in the Criminal Code, highlighting the increase of punishments for a large number of offences, then new criminal offences have been envisaged and many articles have been reformulated in order to clarify the provisions. Particular attention was paid to the offence of domestic violence which is now foreseen as an offence as a result of its occurrence in our society. From the findings of the research conducted by international organizations, most frequent cases of domestic violence appear in the regions of Ferizaj, Mitrovica and Prishtina.in the training it was elaborated on elements of the domestic violence offence clarifying what is physical violence, psychological violence, sexual violence and economic violence.

It was discussed about the prosecutor’s role in prosecuting these cases, the procedure, rights of the victims, etc. this training handled also the characteristics of the sexual harassment according to the Criminal Code.

Participants raised many issues that present difficulties for prosecutors, emphasizing lack of institutional coordination between the prosecution and the Social Welfare Center, then lack of tools for further treatment of the victims of violence, but also of the perpetrators of domestic violence, etc.

Also, the participants had the opportunity to work in groups with the assigned case studies of domestic violence, and identify elements of the offence and ways of handling these cases according to the new law.

At the end of this training it was elaborated on measures for ensuring presence of the defendant in the criminal proceeding, by breaking down each measure in compliance with the applicable legislation. Also, this training finalized with drawing conclusions, outlined as below:

• Mismatch of the Criminal Code between the Albanian and Serbian version, which requires reference to original source, i.e. the Albanian version until these two are harmonized.
• The need to prepare a handbook on ways of handling domestic violence according to the new Criminal Code that has entered into force.

Beneficiaries of this training were prosecutors and administrative staff of the Basic Prosecution of Mitrovica.