Measures to Ensure the Presence of the Defendant in Criminal Proceedings: Kosovo's Legal Infrastructure for the Application of Electronic Monitoring

Abstract

Defendant presence in criminal proceedings is crucial for upholding the principles of fairness and justice. However, ensuring the presence of defendants can be challenging, particularly in cases where there is a risk of flight or harm to others. To address these challenges, electronic monitoring has emerged as a potential solution. This paper explores Kosovo's legal infrastructure for the implementation of electronic monitoring to ensure defendant presence in criminal proceedings. By examining relevant legal provisions and analyzing the benefits, challenges, and practical implications of electronic monitoring, this paper aims to provide valuable insights and recommendations for enhancing Kosovo's criminal justice system. The paper also discusses the international legal framework surrounding electronic monitoring and emphasizes the importance of privacy rights, data protection, and judicial oversight. Additionally, it highlights the role of the Kosovo Police in implementing electronic monitoring, the specific procedures involved, and the safeguards in place to protect the rights of defendants. By shedding light on these aspects, this paper contributes to the ongoing discussions on strengthening the use of electronic monitoring as an effective tool for ensuring defendant presence and promoting a fair and efficient justice system in Kosovo.