19.07.2013 Views

Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

2.1. when the <strong>of</strong>fense is committed against a vulnerable victim;<br />

2.2. when the <strong>of</strong>fense is committed in a cruel manner;<br />

2.3. when the unlawful deprivation <strong>of</strong> liberty continues for more than fifteen (15)<br />

days;<br />

2.4. when the <strong>of</strong>fense results in severe impairment to the health <strong>of</strong> the unlawfully<br />

detained person or in other grave consequences;<br />

2.5. when the <strong>of</strong>fense is committed by a perpetrator acting as a member <strong>of</strong> a<br />

group.<br />

3. When the <strong>of</strong>fense provided for in paragraph 1. or 2. <strong>of</strong> this Article is committed by an<br />

<strong>of</strong>ficial person, abusing his or her position or authorizations, the perpetrator shall be<br />

punished by imprisonment <strong>of</strong> one (1) to eight (8) years. If this <strong>of</strong>fense is committed by<br />

the use <strong>of</strong> a weapon, a dangerous instrument or another object capable <strong>of</strong> causing<br />

grievous bodily injury or a serious impairment to health, the perpetrator shall be punished<br />

by imprisonment <strong>of</strong> one (1) to ten (10) years.<br />

4. When the <strong>of</strong>fense provided for in paragraph 1-2 <strong>of</strong> this Article is committed by the use<br />

<strong>of</strong> a weapon, a dangerous instrument or another object capable <strong>of</strong> causing grievous bodily<br />

injury or a serious impairment to health, the perpetrator shall be punished by<br />

imprisonment <strong>of</strong> one (1) to eight (8) years.<br />

5. When the <strong>of</strong>fense provided for in paragraph 1-4 <strong>of</strong> this Article results in the death <strong>of</strong><br />

the person unlawfully deprived <strong>of</strong> liberty, the perpetrator shall be punished by<br />

imprisonment <strong>of</strong> not less than five (5) years.<br />

Article 197<br />

Coercion to obtain statements<br />

1. An <strong>of</strong>ficial person who, in abusing his or her position or authorizations, uses force or<br />

serious threat or any other prohibited means or manner to compel any suspect, defendant,<br />

witness, expert or other person to make a statement or declaration shall be punished by<br />

imprisonment <strong>of</strong> three (3) months to five (5) years.<br />

2. When the <strong>of</strong>fense provided for in paragraph 1. <strong>of</strong> this Article is committed using grave<br />

violence or if the suspect, defendant, witness, expert or other person suffered grave<br />

consequences in the criminal proceedings as a result <strong>of</strong> the statement or declaration<br />

obtained by coercion, the perpetrator shall be punished by imprisonment <strong>of</strong> one (1) to ten<br />

(10) years.<br />

104

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!