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Criminal Code of Kosovo - Legislationline

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Article 226<br />

Violating social insurance rights<br />

Whoever knowingly fails to comply with the law or a collective contract relating to<br />

health, retirement, or disability insurance or any other form <strong>of</strong> social insurance and by<br />

doing so denies or limits the rights <strong>of</strong> a worker shall be punished by a fine or by<br />

imprisonment <strong>of</strong> up to one (1) year.<br />

Article 227<br />

Misuse <strong>of</strong> social insurance rights<br />

Whoever under false pretenses or by self inflicting an illness or incapacity upon himself<br />

or herself or in any other unlawful manner receives social security or state pension rights,<br />

which he or she is not entitled to by law, shall be punished by a fine or imprisonment up<br />

to three (3) years.<br />

CHAPTER XX<br />

CRIMINAL OFFENSES AGAINST SEXUAL INTEGRITY<br />

Article 228<br />

Definitions relating to the criminal <strong>of</strong>fenses against sexual integrity<br />

For the purposes <strong>of</strong> this chapter the following terms shall have this meaning:<br />

1. Term ‘’Consent’’ means the voluntary agreement <strong>of</strong> a person who has reached the age<br />

<strong>of</strong> sixteen years to engage in the sexual act in question. No consent is obtained where:<br />

1.1. such person expresses, by word or conduct, a lack <strong>of</strong> agreement to engage or<br />

to continue to engage in the sexual act;<br />

1.2. the agreement is expressed by the words or conduct <strong>of</strong> a person other than the<br />

victim;<br />

1.3. the agreement <strong>of</strong> the victim was obtained by deception, fear or intimidation,<br />

where such means do not involve the use <strong>of</strong> force, serious threat or exploitation<br />

as provided for in paragraph 3 <strong>of</strong> Article 230 <strong>of</strong> this <strong>Code</strong>; or<br />

1.4. such person is incapable <strong>of</strong> agreeing to the sexual activity because <strong>of</strong><br />

diminished mental or physical capacity or intoxication by alcohol, drugs or other<br />

substances.<br />

115

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