Ataman
pre 15 godina
Dashnori,
both of us are right. Probably you did not understand what I wrote. What I mean is there - precisely under the "dorzanët e gjakut" paragraph. For this case, "dorzanët e gjakut" can be applied PARTIALLY because there were both adult male victims (eligible for "dorzanët e gjakut") and children/female victims (not eligible).
Since death penalty is out of question (we are talking about 21st Century and the are being at the doorstep of European Union), I tried to make up the "worst-case" scenario from the point of view of criminals.
Here is a sample.
Say, a criminal kills 20 people, among them 10 males and rapes/kills 10 females. For such "deed" in Europe he will receive the "worst" treatment in Russia: 25 years of forced labor. Other countries will hand down 20-40 years but he may receive parole after 20 years. Regardless, this is not enough.
But if you apply the "dorzanët e gjakut" properly - the penalty will be higher and more severe than the original sentence.
Here is a sample:
a) For 10 male victims the court acting as some kind of "dorzani i gjakut" can ask the families to settle the blood feud against all property criminal does have.
b) For remaining 10 (female) victims the same 25-40 years are due - but no "dorzanët e gjakut".
(It is up to survived relatives to decide, how to deal with the "blood money" of course)
Logical: 10x murderer does not get less sentence than 20x murder, it will be still the same maximum sentence. But reducing the number of eligible for "dorzanët e gjakut" from 20 to 10 does not make things "better" from the point of view of the criminal: he can't pay more, than he has and the 10 male victims will "consume" all his property.
That means: the criminal will get maximum monetary fine plus the maximum possible jail. This is just to save time for the victims and avoid costly civil case after the criminal case is done. Besides, handing it as a single sentence would prevent the time gap between the criminal and civil case. Such gap is good to hide the property.
Now you can't say, I am to mild. right?
But wait... there is some more. It's a double-edged sword, "Kanun" is only one, it does not even distinguish between "good" and "bad" people, all equal - right? No double-standards. If you agree, than every criminal who killed-raped-burned in the Yugoslav civil war should be treated the same way.... if he does kill/intimidate witnesses, don't rush to pardon him. I do not expect you to agree on that, unfortunately... :(
May the honor be forever with all victims and may they rest in peace.
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