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Criminal Litigation law in Pristina, Kosovo, addresses offences against public order and societal safety. It involves the prosecution, defence, and adjudication of cases related to criminal offenses ranging from theft to more serious crimes such as murder and terrorism. It includes both minor offenses, commonly referred to as misdemeanors, and serious crimes known as felonies.
Involvement in a criminal case can often be a complex and confusing process. Lawyers specializing in Criminal Litigation not only provide legal representation but also guide through the procedural necessities of court such as filings, timeline obligations and case strategy. For cases involving critical accusations, it is important to have a defense lawyer who can protect your rights and fight for your best interests.
Under Pristina, Kosovo's local laws, the Criminal Code establishes the criminal acts and their corresponding sanctions. Law No.03/L-003 on Aggravating and Mitigating Circumstances, Law No.03/L-007 on Legal Sentences, and Law No.03/L-082 on Juvenile Justice are some of the key legislative texts relevant to criminal litigation. It must be noted that Kosovo adheres to the principle of legality, and no act can be penalized if it has not been previously established as a criminal offense by law.
As an accused, you have the right to be informed promptly, in a language which you understand, of the charges against you, and to have legal assistance of your own choosing.
A lawyer provides legal representation, helps understanding of the charges, explores potential defences and, negotiates plea agreements as well as guides you through court procedures.
If you can’t afford a lawyer, you have the right to have one appointed for you by the court under Kosovo's legal aid program.
The public prosecutor is responsible for the prosecution of criminal acts on behalf of the state. They conduct investigations and present evidence in court.
In a trial, the prosecutor presents evidence against the accused, while the defense lawyer presents their response. The judge, after hearing both sides and considering evidence, gives the judgement.
The Ministry of Justice of Kosovo, Kosovo Judicial Council, and Kosovo Prosecutorial Council's websites can provide valuable legal information. NGOs like Free Legal Aid and Kosovo Law Institute can also provide support for individuals involved in criminal cases.
If you need legal assistance, first, identify a lawyer specialized in criminal litigation. You can contact Kosovo’s Bar Association for a referral. Remember to gather all relevant documents, be ready to clearly narrate your situation and ask potential lawyers about their experience in specific cases similar to yours.