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Criminal Code of Kosovo - Legislationline

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Article 261<br />

Failure to provide medical assistance<br />

1. A physician or another medical person, who contrary to his or her duty refuses to<br />

provide medical assistance to a person in need <strong>of</strong> such assistance even though he or she is<br />

aware or should be aware that such omission may result in grievous bodily injury or<br />

serious impairment to the health <strong>of</strong> the person or death, shall be punished by<br />

imprisonment up to three (3) years.<br />

2. When the <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article results in grievous bodily<br />

injury or any serious impairment to the health <strong>of</strong> the person who did not receive medical<br />

assistance, the perpetrator shall be punished by imprisonment <strong>of</strong> three (3) months to three<br />

(3) years.<br />

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

person who did not receive medical assistance, the perpetrator shall be punished by<br />

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

Article 262<br />

Unlawful exercise <strong>of</strong> medical or pharmaceutical activity<br />

1. Whoever, without possessing pr<strong>of</strong>essional qualifications or legal authorization, carries<br />

out medical treatment, pharmaceutical services or engages in some other medical activity<br />

for which specific qualifications are required by law shall be punished by a fine or by<br />

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

2. When the <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article results in grievous bodily<br />

injury or any serious impairment to the health <strong>of</strong> a person, the perpetrator shall be<br />

punished by imprisonment <strong>of</strong> six (6) months to five (5) years.<br />

3. When the <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article results in the death <strong>of</strong> one<br />

or more persons, the perpetrator shall be punished by imprisonment <strong>of</strong> one (1) to twelve<br />

(12) years.<br />

Article 263<br />

Unlawful medical experiments and testing <strong>of</strong> the drugs<br />

1. Whoever, without authorization or in contravention <strong>of</strong> applicable law, conducts<br />

medical experiments, human cloning experiments or similar experiments on humans shall<br />

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

2. Whoever without authorization or in contravention <strong>of</strong> applicable law, conducts clinical<br />

testing <strong>of</strong> drugs, shall be punished by imprisonment from three (3) months to three (3)<br />

years.<br />

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