The aim of this study paper is to bring some comparative data from all Albanian codes regarding sentences and penalties according to Albanian customary law, and to prove to what extent they have been approximate or distinctive in sentences measures against perpetrators.
The research presents the reflection, categorization and execution of the punishments based on Albanian customary law, on those who have violated the most important Albanian values, such as, identity, moral, tradition and culture, in order to ensure the harmony and peace within the community.
This study emphasizes the importance of effective application of the criminal code interrelated in actual justice system in Albania and Kosovo, as an urgent call to save lives of people who are stuck in the fear of blood feud, as modern victims of this archaic phenomenon.
Table of Contents
Introduction
1. The categorization of offenses under the Albanian criminal customary law (code)
1.1 Criminal offences against the person under the Albanian customary law.
1.2 Cases for which was not allowed to kill the human
1.3 Place where the commission of the criminal offense was prohibited under the Albanian customary law
1.4 Criminal offences against family and marital relationships
1.5 Criminal Act against the private property
1.6 Offences against the activity of local self-government bodies
2. Types of sentences under the Albanian customary law:
2.1 Death penalty
2.2 Removal from the tribe with members and property (expelling)
2.3 Sodume
2.4 Money Penalty (fine).
2.5 Expelling
2.6 Mutilation.
2.7 The loss of some rights.
3. Execution of sentences
3.1 Suspension of punishment..
3.2 Aggravating and mitigating circumstances.
3.3 Prescription.
3.4 Failure to implement decisions
Research Objectives and Core Themes
This work aims to analyze criminal offenses, sentencing, and enforcement mechanisms within the historical framework of Albanian customary law. By comparing various unwritten codes, the study investigates how these legal norms maintained social order, protected specific values, and administered justice through communal responsibility and strict sanctions.
- Categorization of criminal offenses under customary law
- Types of penalties, including capital punishment and social exclusion
- Mechanisms for sentence execution and communal involvement
- The role of patriarchal authority and collective responsibility
- Historical context of tribal governance and social justice
Excerpt from the Book
1.1 Criminal offences against the person under the Albanian customary law.
According to general data from the Albanian Codes, Prof. Ismet Elezi has given a definition regarding what is understood to a criminal offence under the Albanian customary law. He noted that the criminal offense against the person were understood "those acts or omissions committed by guilt and provided by the norms of the customary law that directed against the social relations that provide life, health, honor and dignity of the person”.
An important distinction between the modern criminal justice and customary Albanians law stands as retaliation against the perpetrators of the crime belonged only to the injured person, his family or his tribe, and not to the state or someone else because the state would have to intervene only when public order was threatened
The code of Lek Dukagjinit in § 394, Laberia Code § 125 have sanctioned the principle of equal protection of human life, which was inherited by tribe order: where it said “the good and the bad one have one price “interrelated in religious context, that says soul to soul, “because Duke is forgiven by god” based in § 593 of CLD, meanwhile the Code of Skanderbeg § 2938 had anticipated “that blood of man has no distinction with the bad and good one, young or old, leaders and populace, child and elder.”
Summary of Chapters
Introduction: Provides an overview of Albanian customary law as a legal conglomerate and outlines the study's aim to compare penalty structures across various historical codes.
1. The categorization of offenses under the Albanian criminal customary law (code): Details how criminal acts were classified, focusing on offenses against persons, families, property, and local governing bodies.
2. Types of sentences under the Albanian customary law:: Examines the various coercive measures used, ranging from death penalties and expulsion to fines and corporal punishment.
3. Execution of sentences: Discusses the communal nature of enforcement and the lack of a centralized state mechanism, emphasizing the roles of elders and tribal assemblies.
Keywords
Albanian customary law, Code of Leke Dukagjini, Blood feud, Criminal offense, Sentence, Execution, Tribe, Honor, Reconciliation, Expulsion, Sodume, Collective guilt, Tribal assembly, Patriarchy, Traditional justice
Frequently Asked Questions
What is the core subject of this publication?
The book examines the historical system of criminal offenses, sentencing, and the enforcement of penalties under the traditional Albanian customary law.
What are the primary thematic areas covered?
The study covers the classification of crimes, the severity of punishments, the role of communal justice, and the intersection of honor, tribal responsibility, and law.
What is the main objective of this scientific work?
The objective is to offer comparative data from various Albanian codes to prove how these laws handled serious crimes and to reflect on the brutal but historically effective measures used to maintain societal order.
Which scientific methods are utilized in this analysis?
The author employs a comparative legal analysis, examining different historical codes (such as the Code of Leke Dukagjini and the Code of Skanderbeg) and referencing historical interpretations of criminal justice.
What is covered in the main body of the text?
The main body details the types of offenses, the specific nature of penalties like the death penalty or expulsion, and the practical execution of these judgments within tribal settings.
Which keywords characterize this work?
The work is characterized by terms such as Albanian customary law, blood feud, criminal offense, tribal assembly, and traditional justice.
How was the death penalty applied under these customary laws?
It was reserved for the most severe cases like treason, murder of a friend, or murder of a priest, though it was rarely enforced against minors and women, and often required communal consensus.
Did the Albanian customary law recognize the concept of a statute of limitations?
No, the concept of prescription was not recognized; crimes, particularly those involving blood, remained active across generations until reconciliation or retribution occurred.
How did these customary codes treat the protection of honor?
Honor was a central pillar of the society; crimes against honor were sanctioned heavily, and the customary law provided specific procedures for retribution when honor was violated.
- Arbeit zitieren
- LL.M. Islam Qerimi (Autor:in), Mejreme Berisha (Autor:in), 2011, Criminal Offences, Sentences and its Enforcement under the Albanian Customary Law, München, GRIN Verlag, https://www.hausarbeiten.de/document/176339
