jueves, 6 de noviembre de 2008

Diaro de Kosovo




The Death and the blood revenge (Kanun. Albanian Criminal Law)


Around the blood revenge under the Albanian trunks of "own 'category' of the blood revenge historiography developed, in which Austrian and German travelers and scientists were particularly active. The blood revenge was presented to the readers as something sensational." Depending upon the author, they aroused the impression that the life of the Albanians was only concerned around blood revenge. I do not share the same opinion.
The nature of the blood revenge existed therein that one had the right to revenge for the death of own blood relatives. According to the Kanun, one differentiated between retaliation (hakmarrja) and blood revenge (gjakmarrja). The retaliation came to the course, if someone were damaged by stealing at the fortune. The damaged one had the right for its stolen fortune, a retaliation to exercise after the maxim "stealing for stealing". The blood revenge was a consequence of the earlier committed murders or injuries of the honor. The author, supported by the rules of the Kanun, was that one, which killed with own hand (§ 848). Other involved one in a murder and/or a blood revenge was the aid/accomplice (§ 831), the accomplice (§ 766). In addition of this, more down follows.

A certain group of persons were preserved by the blood revenge, like women, children, the priest, old and ill humans as well as spirit patients.

The homicide without intention was not pursued. The author had to remain however hidden, for a long time, as it is called in the Kanun, "the blood is hot" (the excitation lasted) and the case was well examined and clarified (§ 933ff). Now the mediators (so-called "reasonable people") occurred, in order to confirm that really the homicide was unintentional. If the mediators stated that the homicide was without intention, the author had to pay only a blood penalty (§ 934).

After an execution of the blood revenge the author (dorasi) had to inform even the public and the family of the victim that he practiced blood revenge. In the case of a death or blood revenge, it was forbidden exercising massacre by the author to the victim. If someone added further wounds with a measurer after the death at the body of the victim, the author was charged with double murder, i.e. he had to be pulled for responsibility not only for a murder, but for two.

The woman remained exempted from blood revenge. Against them, none was allowed to exercise blood revenge. If no male person were in the house, and who has not yet carried out revenge, the woman had to revenge. She could be killed only in the case of adultery, otherwise killing a woman - it was intentional or unintentional - was a large dishonor. Even the weapons, by which a wound or a death of a woman was caused, were considered as "worthlessly" (unworthily) to be used for war purposes.

If the author without authorization (for someone else) exercised blood revenge, his house was burned and down-cleverly, the entire mobile fortune, as for instance furniture, grain, cattle was confiscated. He had to leave the dwelling and its master areas with the whole family and pay a penalty.