Date of Award

Winter 1-23-2023

Document Type

Thesis

Degree Name

Master of Judicial Studies (MJS)

Department

Law

First Advisor

Qufli Osmani

Language

Albanian

Abstract

Psychological Forensics is a very important science in the criminal procedure since it incorporates the psycho-social factors of the crime. This approach is seen as logical and necessary even in the countries where the Justice System is advanced, which throughout this paper we have treated as references and then we have compared them with the Justice System in Kosovo. Linking psychology to judicial practice is seen necessary because many perpetrators of criminal offenses end up in prison due to the so-called guilty-mind. Appropriate methods were used for the theoretical-methodological analysis, in the implementation of which the contemporary literature by relevant authors of this field and the methodological instrument of legal sciences were used. Thus, this thesis includes the historical method, the method of analysis and synthesis, the method of induction and deduction as well as the comparative method. Various criminal cases from judicial practice have been used and analyzed in the legal-constitutional aspect as well as in the psychological aspect. The cases have been identified by the judicial practice of Kosovo, the Institute of Forensic Psychiatry and The Institute of Forensic Medicine. The study cases were taken and analyzed in the forensic-legal dimension, with an analysis of other aspects that will be in the interest of the legal and criminal dimension of these cases’ proceedings. Through these aspects, this paper has been qualitatively researched for the subordinated of the Justice and Health System, as well as the defendants in criminal proceedings, where evidence and interviews were used. The case study reports were collected from the Basic Court of Prishtina and the branch in Podujeva. Using the real reports of the Institute of Forensic Medicine, the Institute of Psychiatric Forensics and court practice, it was realized that the understanding of these reports for lawyers is quite weak. From these results, we conclude that it is very necessary to connect Forensic Psychology to the criminal investigation process and the legal system in Kosovo by making the conceptualization of this field through techniques and methods that are applied in countries where forensic psychology is advanced.

DOI

10.33107/ubt-etd.2023.1

Download

Included in

Law Commons

Share

COinS