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International Journal on Responsibility

Abstract

According to the Code of Criminal Procedures of Kosovo, the treatment of irresponsible persons is carried out in a special criminal procedure only with regard to the determination of innocence, respectively irresponsibility and the imposition of compulsory psychiatric treatment, while the further treatment is transferred to the competent court for the abolition of legality action and then begins with the execution of the measure imposed on the psychiatric institution. In comparative criminal law, security measures are mainly part of the criminal sanction system, but there are also exceptions. The treatment of irresponsible persons in Kosovo's criminal legislation was built based on the criminal models of Western and US states by applying sui generis medical measures instead of classical sanctions. As for the difference between sentences and security measures, in the theory of contemporary criminal law, there are different opinions. In this paper, the mandatory treatment measures under the Criminal Code of Kosovo are initially described and the special procedure that has been conducted in the criminal court for imposing the mandatory treatment measures for the persons with mental disorders , while the following explains the way of the execution of these measures. And finally, it draws valuable conclusions and recommendations on criminal science.

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