Order On Motion To Dismiss Indictment

• Author: Azem HAJDARI, Albulna HAJDARI
• Pages: 292-299

Inonu University Law Review – InULR 10(1): 292-299 (2019)

Azem HAJDARİ/ Albulna HAJDARİ 292

ORDER ON MOTION TO DISMISS INDICTMENT

DOI: https://doi.org/10.21492/inuhfd.481982

Azem Hajdari

Faculty of Law, University of Prishtina “Hasan Prishtina”, Prishtina, Kosova, (gazem.hajdari@uni-pr.edu). ORCID: https://orcid.org/0000-0002-8426-4024

Albulna Hajdari

Faculty of Law, ILIRIA College, Prishtin a, Kosova, (albulenahajdari@gmail.com). ORCID: https://orcid.org/0000-0002-3013-1576

Article Info

Received: 13/11/2018

Accepted: 30/06/2019

Abstract

The object of this paper is a court order on motion to dismiss indictment in the Republic of Kosova. This order is

a non-meritorious decision, by which the

court dismisses the indictment because it lacks jurisdiction on

procedural grounds. The order on the defendant’s motion constitutes a relatively common type of judgment

rendered in criminal proceedings in Kosovo. This article will address such orders in s

everal respects including

the meaning of the order, its characteristics, grounds for dismissal and the authority to render it, as well as the

procedure for and effects of reaching this type of verdict. To that effect, cases before the Basic Courts of Kosov

o

in which the defendant’s motion filed with the court asking the judge to throw out certain criminal charges during

the proceedings in a period between 2015 and 2017 will be studied. The paper aims to foster the expectations that

concrete actions should b

e taken to advance the performance of judges and prosecutors, highlighting the need to

undertake a more effective vetting of public prosecutors and judges in the country. For this, there is an increasing

support in local and international public opinion wh

ere the belief that Kosovo has al ready achieved a successful

criminal j ustice system prevails. A legal, comparative, analytical and statistical methodology is used for the

preparations of the present work.

Keywords

Order,

Motion to Dismiss,

Jurisdiction,

The Defendant,

Court,

Prosecutor.