Criminal Code of Kosovo - Legislationline

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2. A person acts with direct intent when he or she is aware of his or her act and desires its commission. 3. A person acts with eventual intent when he or she is aware that a prohibited consequence can occur as a result of his or her act or omission and he or she accedes to its occurrence. Article 22 Knowledge, intention, negligence or purpose Knowledge, intention, negligence or purpose required as an element of a criminal offense may be inferred from factual circumstances. Article 23 Negligence 1. A criminal offense may be committed by conscious or unconscious negligence. 2. A person acts with conscious negligence when he or she is aware that a prohibited consequence can occur as a result of his or her act or omission but recklessly thinks that it will not occur or that he or she will be able to prevent it from occurring. 3. A person acts with unconscious negligence when he or she is unaware that a prohibited consequence can occur as a result of his or her act or omission, although under the circumstances and according to his or her personal characteristics he or she should or could have been aware of such a possibility. Article 24 Liability for graver consequences When the commission of a criminal offense causes consequences which exceed the intent of the perpetrator and the law has provided for a more severe punishment, the more severe punishment may be imposed if the consequence is attributable to the perpetrator’s negligence. Article 25 Mistake of fact 1. A person is not criminally liable if, at the time of committing a criminal offense, he or she is unaware of a characteristic of that act or he or she mistakenly believed that circumstances existed which, had they in fact existed, would have rendered the act permissible. 8
2. If a person’s mistake is due to negligence, he or she is criminally liable for a criminal offense which has been negligently committed if the law specifically provides for criminal liability for the negligent commission of that offense. Article 26 Mistake of law 1. A person who, for justifiable reasons, did not know or could not have known that an act was prohibited is not criminally liable. 2. If the mistake was avoidable, the person is criminally liable but the punishment may be reduced. 3. A mistake of law is avoidable if any person could have easily known that the act was unlawful or if the perpetrator, by reason of his or her profession, occupation or service was obliged to know the act was unlawful. Article 27 Preparation of a criminal offense 1. Whoever intentionally prepares a criminal offense shall be punished only if expressly provided for by law. 2. If the law prescribes the punishment for the preparation of a certain criminal offense, the preparation of the criminal offense includes supplying or making available the means to commit a criminal offense; removing the impediments to the commission of a criminal offense; agreeing, planning or organizing with another person the commission of a criminal offense; as well as, other activities that create conditions for the direct commission of a criminal offense, but which do not constitute the act itself. Article 28 Attempt 1. Whoever intentionally takes action toward the commission of an offense but the action is not completed or the elements of the intended offense are not fulfilled has attempted to commit a criminal offense. 2. An attempt to commit a criminal offense for which a punishment of three or more years may be imposed shall be punishable. An attempt to commit any other criminal offense shall be punishable only if expressly provided for by law. 3. A person who attempts to commit a criminal offense shall be punished as if he or she committed the criminal offense, however, the punishment may be reduced. 9
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Page 5 and 6: 1.4. judicial admonition. 2. The me
Page 7 and 8: 3. An act that is disproportionate
Page 9: 3. A person is not criminally liabl
Page 13 and 14: 3. Whoever intentionally incites an
Page 15 and 16: 2.1. the author cannot be found or
Page 17 and 18: 1.1. to prevent the perpetrator fro
Page 19 and 20: 5. If the convicted person remains
Page 21 and 22: for by provisions in this Code. The
Page 23 and 24: the verification period but it is e
Page 25 and 26: 1.12. to compensate or restitute th
Page 27 and 28: 2.7. confiscation; 2.8. order to pu
Page 29 and 30: Article 68 Confiscation of driver
Page 31 and 32: CALCULATION OF PUNISHMENT Article 7
Page 33 and 34: 3. When determining the punishment
Page 35 and 36: 1.6. if a period of less than one (
Page 37 and 38: 2.3. if the court has imposed a pun
Page 39 and 40: Article 84 Calculating detention an
Page 41 and 42: Article 89 Mandatory psychiatric tr
Page 43 and 44: 1.2. the court determines that the
Page 45 and 46: motives for committing the criminal
Page 47 and 48: CHAPTER VIII LEGAL CONSEQUENCES OF
Page 49 and 50: 3. A punishment of imprisonment of
Page 51 and 52: 2. In the case of an offense commit
Page 53 and 54: 4. The period of statutory limitati
Page 55 and 56: Article 116 Applicability of crimin
Page 57 and 58: 3.3. any person exercising a public
Page 59 and 60: grandparents, children, grandchildr
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38.12. decorative weapons; 38.13. i
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1.3. The Prime Minister of the Repu
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Article 133 Aggravated offenses aga
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1.14. endangering civil aviation sa
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Article 140 Training for terrorism
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3. When the offense provided for in
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1.3. enslavement; 1.4. deportation
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2.2. torture or inhuman treatment,
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2.14. declaring abolished, suspende
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2.4. the passing of sentences and t
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nature to strike military objective
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Article 159 Endangering negotiators
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3. Whoever intentionally deprives a
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2.Whoever, in violation of internat
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10.2 the perpetrator of this offens
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Article 173 Endangering internation
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Article 175 Hostage-taking 1. Whoev
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1.8. deprives another person of his
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Article 185 Threat 1. Whoever serio
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3.1. imprisonment of three (3) mont
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4. When the criminal offense provid
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5. If the perpetrator voluntarily r
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Article 198 Mistreatment during exe
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Article 203 Unauthorized disclosure
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Article 208 Preventing exercise of
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Article 214 Abuse of official duty
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position or authorizations related
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Article 226 Violating social insura
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Article 229 Mistake of fact as to a
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5. For the purposes of this Article
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3.1. the offense is preceded, accom
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Article 236 Inducing sexual acts, t
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following circumstances shall be pu
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etween the ages of fourteen (14) an
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gain, or compels such child to enga
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CHAPTER XXII CRIMINAL OFFENSES AGAI
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Article 264 Irresponsible preparati
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Article 270 Pollution of drinking w
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that they shall be distributed, sol
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Article 279 Organizing, managing or
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hundred thousand (500,000) EUR and
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Article 287 Causing false bankruptc
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Article 291 Entering into harmful c
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7. The counterfeit securities, paym
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8. The objects and the equipment fo
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1.4. applying dissimilar conditions
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Article 305 Prohibited trade 1. Who
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market in terms of yield, price, or
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2. Whoever gives, attempts to give
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Article 321 Unauthorised connection
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Article 327 Aggravated theft 1. Who
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importance; is part of a public col
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Article 337 Fraud related to receiv
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maintaining or whose property is un
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CHAPTER XXVIII CRIMINAL OFFENSES AG
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3. Whoever in violation of the law,
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Article 353 Unlawful practice of ve
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Article 358 Forest theft 1. Whoever
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has a unique value or if the offens
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material damage to property shall b
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Article 385 Failure to report prepa
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Article 388 Providing assistance to
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2. When the declaration provided fo
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4. Whoever in the commission of the
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1.4. issues a document and claims b
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4. When the perpetrator of the offe
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Article 410 Attacking official pers
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Article 416 Destroying or concealin
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another person or to seriously viol
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way deceives an authorized person i
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Article 431 Trading in influence 1.
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Article 436 Unlawful appropriation
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1.3. preparation of Terrorist Offen
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2.13. hostage Taking as set forth i
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authority, for any reason when this
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2.28. unauthorized Import, Export,
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Criminal Code of Kosovo - Legislationline

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