ISRD3 in Kosovo Pre delinquency
Mensut Ademi
Mr.sc.Cjs. PhDc
BPrAL Universitar " AAB "
Kordinator për Kërkime Shkencore ne FJU
Qendren Hulumtuse QSJKS
Ligjerues
+37744612720
mensut.ademi@universitetiaab.com
mensut.ademi@gmail.com
Abstract
The scientific research of deviant behavior o youth by rule is aimend at delinquency of minors or young criminal recidivists. The focus of this research was directed toewards the socially unacceptable beahviors displayed in a school setting and represent precarious asocial behavior.
Defining the concept of psuchological and sociological variables and using a number of multivariate analyses, the research was successful in studing the influence of correlation and prediction of individual sources nd composite variables of pre deliquet behavior. The research stage also included multiple classifications, typifying, and morphological analysis of pre delinquent behavior.
Theprocessing model of casual determination indicated insubstantial consecuquenses of war circumstances and migration experinces on certain pre delinquent behavior. Furthermore, dysfunctional did not significanty influence delikuent and criminal behavior among youth as other research may sugegest.
Key terms: Delinquency, Behavior, Anti social, Family, school, students.
Entry
Kosovo faces many challenges as a Rijen countries it is emerging from a war which left more consequences as those materials, formal, social training, economic, educational organization.
One of the challenges which are facing severe family, society and all enforcement agencies ligjitënë funditë time is the presence of juvenile delinquency as part of overall crime. The volume and structure of general criminality in Kosovo juvenile delinquency has a specific weight considerably as to the format of the show and the diversity of the acts committed, as well as from the harmful consequences of human, social, economic, psychological and other health, welfare and property of individuals, families and society in general. Despite this, the phenomenon of juvenile delinquency in Kosovo has not been studied, treat and combat sufficiently well.
Precisely for this reason we have embarked on this paper-study in order to:
• recognized the size, structure and dynamics of this phenomenon;
• analyze comprehensively the impact of general factors, especially poverty, unemployment, migration of population from rural areas to cities and housing conditions of living, as well as factors specific (separation of parents, orphans, families degraded, the negative attitude of parents towards juvenile delinquents, leaving the children behind, position specific mother still child's education etc.) in the emergence of delinquency;
• evaluate the work and functioning of the institutions and other bodies concerned that directly can affect delinquency, starting from the family, schools, centers for social work, police, courts, NGOs, humanitarian and religious etc., that play a role important inhibitor of limiting or instigator of contribu-ues in the manifestation of the phenomenon of juvenile delinquency, especially the impact of mass media, film, internet, etc .;
• encouraged the efforts and commitment of all relevant structures organized to avoid the circumstances that favor criminality;
During our work we will try to provide choices for relevant institutions to undertake actions organized and systematic prevention and reduction of juvenile delinquency, as well as adequate measures remedial or repr-sive against delinquents, in order to prevent the recruitment of delinquents new and recidivism. Juvenile delinquency in this paper was reviewed by cultural mediation perspectives: social, economic, psychological, pedagogical, sociological, legal and criminal etc. Such a comprehensive overview have emerged ready knowledge and observations of interest to comprehensive knowledge and more effective combating this harmful social phenomenon.
The importance of the problem
The geostrategic position of the Republic of Kosovo in the Balkans and the conditions created after the war, enables various criminal groups to conduct various criminal activities with an emphasis on children and juveniles.
Any act by which the act is kunderligjeshme and defined by law positive as the offense must exist and Responsibility offense, with this case Responsibility criminal perpetrator action deviant come to expression age, Sdhe in our work we have tried to see age is determined as of deviant conduct action as deviant behavior of juveniles, in this case we noticed that deviant behavior of minors classi fi ed into several groups. Some countries, in their positive laws, determine the categories of ages and regulate a number of issues of their criminal responsibility, regarding the application of different measures, especially educational and correctional measures.
Limiting the age of the juveniles has purpose, depending on the age question because the issue of criminal liability, the imposition of educational and correctional measures, sentencing and other correctional treatment in educational and correctional institutions.
How fi lower the age of minors and setting them as perpetrators of criminal conduct, in some countries of the contemporary world deals age of 7 years (Burma, Egypt, India, Iraq and some other countries). While age 9 years old, the age of criminal responsibility as lower deals in Israel, Jordan, Philippines etc. Age 10 years of age is considered as criminal responsibility in Bolivia, Paraguay and some other Latin American countries. Turkey and Iran, as age and lower fi age take age 11, Greece, Panama and other countries, age 12, while France and Poland, age 13. In most European countries, such as Austria, Italy, Hungary, Albania, former Yugoslavia, as a lower limit of criminal responsibility age 14-year deal. On the other hand, Switzerland, Denmark, Sweden, as the lower age receive 15 years of age. While Finland and Chile, as a lower age of criminal responsibility of minors, take the age of 16. Juvenile Justice Code of Kosovo in Article 2, paragraph 1 point 1-5, determined and de fi ned different ages of minors being involved in delinquent activities.
Under this Code the term child means a person who has not attained 18 years, the term minor - a person between 14-18 years of age and term major -ndërmjet 18-21. I think that this code does not have the meaning specified as children, especially the sense of the person until the age of 14, because as it is known he is not subject to criminal sanctions as juveniles aged 14-18 years.
If you look phenomenology of delinquent behavior of young people, it noted that it consists in action and various activities that are more or less similar to the criminality of adults, but understood that, in certain cases, there are some particularly significant .
Thus, the search data criminology and judicial practice, noted that juvenile delinquency participate significantly in crime against property, in the crime against the safety in traf fi k, in the commission of crimes in groups and associations organized criminal activity over the distribution and consumption drug in other actions of violence, especially in crimes against life and body and sexual offenses, kiberneti crime, vandalism, etc. Specifically noted that such actions are delinquent minors in permanent expansion and during the conduct of such notice emphasized ruthlessness and use of violence.
H1-How are widespread deviant behavior of children and juveniles in volumetric terms Statik
H2-how widespread deviant behavior of children and juveniles in volumetric terms Dynamic
Implementation of the definition of the essence of the problem which is the subject of research and the identification of indicators that can be examined empirically (indicators, ratios, etc.) creates the possibility of submitting the research hypotheses.
The dynamics of increasing the number, the high intensity of violence, consequences caused as well as settings for the perpetrators of acts in breach of minors after the war in Kosovo in this case will try to justify reviewing, researching and analyzing these phenomena in broader social context.
According to the data of expected dynamics of deviant behavior of juveniles, in the present circumstances (unemployment, poverty, lack of institutional action in addressing potential delikuen- categories CES incoherent normative regulations, criminal policy, unsatisfactory professional level etc.) can not be expected decreases the level of unlawful acts of juveniles in R.Kosoves.
Verification of the implementation of these issues (hypothesis) is the goal of research
The theoretical part of the problem and the importance of judicial and penal position of minors and criminological
The juridical study - criminal and criminological the juveniles in the Republic of Kosovo in 2006-2016 perijudhen time is important for many reasons (they spike presented in the issues addressed above). The paper, the position of criminal law and criminology of minors, imposes an interdisciplinary approach, dominated treatments criminal law, criminology, sociology, psychology and other fields. In this context, the scope and format of presentation of unlawful actions, the juveniles antisocijale demand revealing the quantitative indicators - its volume in space and time. To achieve these indicators, the depth needed theoretical prior knowledge of:
a) the notion of individual criminal acts;
b) the manifestation of their traits;
c) specifications of their eventual appearance in the territory of R.Kosoves.
Identification of quantitative indicators will enable the recognition of objective and subjective factors that influence the appearance of unlawful actions, antisocijale of minors.
On the basis of the set flow that the essence of the phenomenon that is the subject of the paper are criminal offenses, antisocijale, delinquent which shakatojne minors which works are seen as the aspects of legal criminal and criminological their actions harmful to society , which are defined on the basis of indicators collected.
Ndyshme theories have encountered so far by means of which tried to reach to the causes of delinquent behavior of minors as Lambrosos theory, M.Hegemann, Niceoforo, Morseli etc.
Based on data t] which we have won for the behavior of juvenile delinquency recorded in the data staestiokore national, especially by analyzing data in the context of time and space, on the one hand, the reaction of agency law enforcement and trial other then their side Coming to a pergjegjije, a sheep which was the cause and forms that drove these minors to be delinquent and mese causal link these two categories.
To achieve the abovementioned aims to normal you should have access to modern theories by means of which can analyze and reach to the identification and explanation of behavior and appropriate measures should divide delinquents as:
1. The theory of choice
2. Theory of aggression
3. Control Theory
4. The theory of subcultures
5. Theory of Social development
6. The theory of social interactionism
7. Theory of socjale and labeling reaction
8. Theory of moral edification
9. socjale capital theory of delinquent juveniles.
Then, based on the theories outlined above positive law must reach the rregullje legislation applicable to vijeme to preventive and rehabilitative services for all those minors who by their actions cause kunderligjshmeri which is defined as ju minors based on criminal responsibility.
Pore by some autorve (Krivokapic 2006), positive law is the only one with whom Coming to the regulation of behavior, development of human life.
The importance of the study of juvenile delinquency in R.Kosoves
Observation of juvenile delinquency in Kosovo, especially in the postwar period is of particular importance, because the phenomenon is widespread, but its insufficient study.
Therefore, this paper is a precious value of multiple theoretical for the expansion and deepening of knowledge about the factors of general and special affecting the appearance of this phenomenon, motives and personality of juvenile delinquents, volume, structure, dynamics and trends further development of the phenomenon, as well as for verifying or correcting assumptions based on empirical results paraprakenë, finding efficient ways and means for its recently luftimine for enhancement of original literature on this issue in Kosovo. From this point of view is interesting research conducted and contribution dobishëmpër phenomenology and etiology of juvenile crime in Kosovo.
Practices for recognition and study of delinquency have recognized the deficiencies and limitations. This submission is based on the fact of delinquency specific place and time when she studied social relations in that environment, legislation, etc.
Can obtain information, documents to be equipped with knowledge on how it is treated and initiatives that have been taken to.
However, the difficulties of communication, comparison, broadcasting information challenges remain permanent documented best practices for preventing and their integration in society, because all situations; information remains unknown and delinquency continues to be a social problem, then we had you caring kemimostren in our paper as adequate as:
a. Number of residents in Kosovo in general R
b. The number of age groups from 0 to 14 years old
c. The number of age groups from 15 to 64 years old
d. The number of age groups over 65 years old
As for the realization of the full collection of empirical data in our paper as the importance we attach to the sample and the method by which we came up adequate data.
To better acquainted with the problems of delinquency as a challenge to us before we R.Kosoves research-paper analyzed the theoretical data of this problem as:
a. Theoretical analysis of the problem,
b. have consulted the relevant professional literature and theoretical tëpërgjithshme we draw conclusions about the nature,
c. the size and features of juvenile delinquency.
HISTORICAL OVERVIEW OF TREATMENT normative delinquency in Kosovo
During different periods of history nëKosovë delinquency negative phenomenon, with all the common points, it has the specificity of its social, economic, cultural, moral, etc.
Children up to the age of seven are not ëpërgjegjës fare for an offense committed while those over this age are given Himself, or their parents in ancient times which dominated customary law.
Later the Ottoman Empire at the time of treatment of minors in Albanian lands was different, as the Albanians in addition to legal norms in force and has been applied customary law.
Kanun of Lek Dukagjin little deal with this issue. But recognized the Albanian customary law, which is responsible for the crime that is neat young man hold and use weapon (puberty - author's remark). Up to this age for any offense committed by a minor, the responsibility fell parent or male head of household.
Edrejta customary failed to provide educational measures for minors.
According to the criminal law of the Kingdom Serb-Croat-Slovene 1929, minors were considered persons aged 14 to 20 years.
The Criminal Code of the former Yugoslavia, 1947 persons younger than 14 years are not considered responsible for penalishttë criminal offense committed. In addition, changes in 1951për his offense to minors under 14 years envisioned only educational measures. Following the adoption of the 1974 Constitution, namely the Criminal Law of Kosovo in 1977, juveniles are divided into two categories according to age groups: 14-16 and 17-18 years.
Although this law was more advanced, some of its provisions can not be implemented due to some limitations provided Criminal Law of the SFRY of 1977. In general, in the treatment of juvenile delinquents in Kosovo during the historical development have implemented laws the numerous provisions that juvenile delinquents often have been treated unfairly, as defined solutions have been bazuaranë old concepts that did not make the distinction between miturive age group and adults. This happened especially in the Albanian lands in the former Yugoslavia, where juveniles are often punished under laws to increase, especially after the demonstrations Tevita 1981 1989. From 1989 Serbia abolished Kosovo's autonomy and scattered violence and its institutions until the end of the Kosovo Liberation War, in June 1999, Kosovo authorities have acted alone and Serbian laws, the implementation of which the Albanians in general and especially for minors was discriminatory. After the liberation, the Kosovo institutions and International operating here are taken seriously with the problem of juvenile delinquency in the legislative, preventive and curative.
Thus, inter alia, in April 2004 issued to juvenile criminal law that sets new solution in accordance with European standards.
Assembly of Republic of Kosovo; Pursuant to Article 65 (1) of the Constitution of the Republic of Kosovo, Approves CODE OF JUVENILE JUSTICE 2010, The Code regulates the procedure for the imposition and execution of measures and sanctions against minors, proceedings and mediation procedure to minor.
Definitions which are foreseen in the Penal Code for minors in the Republic of Kosovo for the purpose of clarifying and achieving goals as appropriate to the imposition and execution of measures and sanctions against minors, proceedings and mediation procedure for juveniles as expressions They are used in code and have the following meanings:
a) Children - person who has not attained the age of eighteen (18) years.
b) Minor - a person between the ages of fourteen (14) and eighteen (18) years.
c) young adult - a person between the ages of fourteen (14) and sixteen (16) years.
d) adult juvenile - a person between the ages of sixteen (16) and eighteen (18) years.
e) Major new - a person between the ages of eighteen (18) and twenty (21) years.
f) New - child or young adult.
g) Major - a person who has attained the age of eighteen (18) years.
h) Specialized education - an educational program tailored to the special needs of the perpetrator, which aims to help develop his overall proper and reduce the chance of recidivism.
i) imprisonment for juvenile - imprisonment imposed on a minor offender or an adult, that is in accordance with Chapter IV of this Code.
j) subject to special care - the institution that provides treatment for people with mental, psychological, social or physical.
k) Organ custody - the department operating within the Centre for Social Work that is responsible for protecting children.
l) the juvenile judge - a professional judge who has expertise in criminal matters involving children and young adults and who is competent to exercise the responsibilities set forth in this Code.
m) The juvenile prosecutor - professional prosecutor who is an expert in criminal cases involving children and young adults and who is competent to exercise the responsibilities set forth in this Code
n) The juvenile panel - panel - college established in accordance with Chapter X of this Code, which has at least one (1) juvenile judge and is competent to exercise the responsibilities set forth in this Code.
o) the Probation Service - the institution that makes the execution of measures and alternative sanctions.
The system of juvenile justice aimed at the welfare of minors and ensure that any reaction to juvenile offenders shall always be in proportion to the circumstances of the offender and the offense.
Deprivation of liberty of a juvenile is imposed only as a last resort and be limited to the shortest time possible.
During the detention of a minor, the imposition of punishment, juvenile offenders receive educational, psychological assistance, as needed, for medical assistance to facilitate his rehabilitation.
A child participating in criminal proceedings shall be given an opportunity to express freely. Every minor deprived of liberty shall be treated with humanity for the sake of the dignity of the human person, and it takes into consideration the individual needs of his age. In particular, every minor deprived of liberty shall be separated from adults unless it is considered in the interest of juveniles not to be separated, and have the right to maintain contact with his family through correspondence and visits, save in exceptional circumstances determined by law.
Every minor deprived of liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the lawfulness of his deprivation of liberty before a court independent and impartial, and to prompt proceedings. 7. To avoid injury due to excessive publicity or labeling a child's right to privacy is respected at all stages. In principle, no information that leads to the identification of a juvenile offender. The provisions of this Code shall apply to any person suspected of a criminal offense committed as a minor, regardless of his age at the time of commencement of proceedings.
Completion
Prevention of violence in schools
There are many reasons to worry about the man in the issue of violence in schools. First, the first is harmful to those who suffer from violence or school environments that suffer from vandalism and secondly, it can create uncertainty and fear that act against the actions of the school. The climate of violence in schools is the opposite of the opposite of education for civilization that we have to aim at a large scale.
Also, it is against the rights of children and young people to live free from fear and intimidation. (United Nations Convention on the Rights of the Child).
Schools can take positive steps to reduce violence and the potential for violence, and should be prepared for a manual that outlines some of the key processes to achieve this preventive measure. However, if we only discuss the issue of violence in schools, it is worth to say that it is not just a problem for the schools. Those in school are affected by the media and the attitude to violence in society at large, even by international events. The media present violent acts, and sometimes make them look attractive and successful. The violence in society today often appear out of school and is sometimes adopted. Parental violence against children (such as slaps) are legal and quite common in many European countries, but not in all. Violence in the sense of retaliatory action taken against criminals (Violence penalty) or groups perceived commitments terrorist actions, often adopted by a majority. The perceived legitimacy and effectiveness of the actions of school violence may also be affected by these broad issues. All citizens bear some responsibility in a democratic country.
It is clear that the definition of what we mean by violence what is raised by this discussion.
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