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Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

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Article 249<br />

Unlawful taking or keeping <strong>of</strong> a child<br />

1. Whoever unlawfully takes, keeps or abducts a child from a parent, an adoptive parent,<br />

a guardian or another person who exercises parental rights over the child or takes, keeps<br />

or abducts a child from an institution to which the child has been entrusted or prevents<br />

the execution <strong>of</strong> a binding decision by a competent authority for entrusting the child to<br />

another person or institution shall be punished by imprisonment up to three (3) years.<br />

2. When the perpetrator <strong>of</strong> the criminal <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article<br />

is a parent, an adoptive parent, a guardian or another person who exercised parental rights<br />

over the child against whom a competent authority has imposed a binding decision to<br />

deprive such person <strong>of</strong> his or her parental or guardian rights to the child or when a<br />

competent authority has imposed a binding decision to entrust the education or<br />

supervision <strong>of</strong> the child to the other parent or another person, the perpetrator shall be<br />

punished by imprisonment up to one (1) year.<br />

3. Whoever commits the <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article for material<br />

gain or other base motives shall be punished by a fine and imprisonment <strong>of</strong> one (1) to ten<br />

(10) years.<br />

4. When the perpetrator <strong>of</strong> the criminal <strong>of</strong>fense in paragraph 2 <strong>of</strong> this Article voluntarily<br />

returns the child, the court may waive the punishment.<br />

Article 250<br />

Mistreating or abandoning a child<br />

1. A parent, adoptive parent, guardian or another person exercising parental authority<br />

over a child who mistreats such child using physical or mental measures or violates his or<br />

her obligation to care for and educate the child shall be punished by imprisonment <strong>of</strong> six<br />

(6) months to three (3) years.<br />

2. A parent, adoptive parent, guardian or another person exercising parental authority<br />

over a child who mistreats such child using physical or mental measures or violates his or<br />

her obligation to care for and educate the child by conscious negligence shall be punished<br />

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

3. A parent, adoptive parent, guardian or another person exercising parental authority<br />

over a child who abandons such child in a manner which endangers his or her life or<br />

endangers or seriously impairs his or her health shall be punished by imprisonment <strong>of</strong> one<br />

(1) to five (5) years.<br />

4. A parent, adoptive parent, guardian or another person exercising parental authority<br />

over a child who compels such child to work excessively or to perform work that is not<br />

suitable for the age <strong>of</strong> the child or compels such child to beg for money or other material<br />

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