Criminal Code of Kosovo - Legislationline

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Article 35 Agreement to commit criminal offense 1. Whoever agrees with one or more other persons to commit a criminal offense and one or more of such persons does any substantial act towards the commission of the criminal offense, shall be punished as provided for the criminal offense. 2. For the purposes of this Article, the term “substantial act towards the commission of a crime,” need not be a criminal act, but shall be a substantial preparatory step towards the commission of the crime which the persons have agreed to commit. Article 36 Limits on criminal liability and punishment for collaboration 1. A co-perpetrator is criminally liable within the limits of his or her intent or negligence. 2. A person who incites or assists in the commission of a criminal offense shall be held criminally liable within the limits of his or her intent. 3. Personal circumstances including relations and capacities which may result in exemption from criminal responsibility, waiver of punishment, the existence of graver or lighter forms of the criminal offense or which have an effect on the determination of the punishment shall only be taken into account with respect to the person to whom they relate. However, if the personal circumstances which relate to the offender have an impact on a more severe or a more lenient punishment, and these circumstances constitute an element of the criminal offense, the co-perpetrator, inciter or assistant is liable for the punishment foreseen for the criminal offense when he or she knew about this circumstance, even if it did not relate to him or her. SPECIAL PROVISIONS ON CRIMINAL LIABILITY FOR CRIMINAL OFFENSES COMMITTED THROUGH THE MEDIA Article 37 Criminal liability of chief editors, publishers, printers or manufacturers 1. The author of the information is criminally liable when a criminal offense has been committed through the publication of information in the newspapers or other type of periodical, radio, television, internet or other means of communication. 2. The responsible chief editor or the person replacing him or her at the time of the publication of information is criminally liable when: 12
2.1. the author cannot be found or tried before a court of the Republic of Kosovo; 2.2. the publication of the information was made without the knowledge of the author or against his or her will; or 2.3. if during the time of publication of the information, factual and legal impediments existed for the initiation of criminal proceedings against the perpetrator and continue to exist. 3. The chief editor or the person replacing him or her at the time of publication of information is not held criminally liable if for justified reasons he or she was not aware of a circumstance as provided for in paragraph 2 of this Article. 4. The publisher of a newspaper or other type of periodical is criminally liable when the chief editor or the person replacing him or her at the time of the publication of information in the newspaper or other type of periodical is criminally liable in accordance with paragraph 2 of this Article. 5. When the publisher is criminally liable in accordance with paragraph 4 of this Article and it is not possible to punish the publisher due to legal or factual impediments, the person who printed the information is criminally liable if he or she knew that such legal or factual impediments existed. 6. The manufacturer is criminally liable when the chief editor or the person replacing him or her at the time of the publication of information by means of magnetic tape, film, slides, photographs or other video and audio devices intended for the mass media or for presentation to the public or to a large number of persons are criminally liable in accordance with paragraph 2 of this Article. 7. When the publisher, the printer or the manufacturer who is criminally liable pursuant to this Article is a legal person or a public entity, the person responsible for the printing or manufacturing activities is criminally liable. 8. The persons referred to in this Article are not criminally liable if the publication of information is an accurate report of a session of a public entity or a statement by an official person. Article 38 Protecting sources of information 1. A person who takes part as a professional in the publication of information or as a member of an editorial board of the media and his or her assistant are not criminally liable if they refuse to disclose the author of a publication or the sources of information. 13
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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 and 10: 3. A person is not criminally liabl
Page 11 and 12: 2. If a person’s mistake is due t
Page 13: 3. Whoever intentionally incites an
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
Page 61 and 62: 38.12. decorative weapons; 38.13. i
Page 63 and 64: 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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