Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Article 289<br />
Defrauding or damaging creditors or debtors<br />
1. Whoever, with knowledge <strong>of</strong> excessive indebtedness or current or impending<br />
insolvency, places one creditor or debtor in a more favorable position through the<br />
payment <strong>of</strong> debts or in any other way and thereby causes five thousand (5,000) EUR or<br />
more in damages or results in a loss <strong>of</strong> five thousand (5,000) EUR or more to other<br />
creditors shall be punished by imprisonment <strong>of</strong> up to three (3) years.<br />
2. Whoever, in order to deceive or cause damage to a creditor or debtor, accepts a false<br />
claim, enters into false contracts or commits any other fraudulent act, thereby damaging a<br />
creditor or debtor shall be 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 or 2 <strong>of</strong> this Article results in damage<br />
exceeding two hundred fifty thousand (250,000) EUR or results in a loss in excess <strong>of</strong> two<br />
hundred fifty thousand (250,000) EUR or when, as a result, the injured party is forced to<br />
undergo a reorganization or bankruptcy procedure, the perpetrator shall be punished by<br />
imprisonment <strong>of</strong> one (1) to ten (10) years.<br />
Article 290<br />
Misuse <strong>of</strong> economic authorizations<br />
1. Whoever while engaging in an economic activity commits one <strong>of</strong> the following acts<br />
with the intent to obtain an unlawful material benefit for oneself or any other person shall<br />
be punished by a fine and imprisonment <strong>of</strong> six (6) months to five (5) years:<br />
1.1. creates or holds illicit funds in the Republic <strong>of</strong> <strong>Kosovo</strong> or in any other<br />
jurisdiction;<br />
1.2. through the compilation <strong>of</strong> documents with false content, false balance<br />
sheets, false evaluations, inventories or any other false representations or through<br />
the concealment <strong>of</strong> evidence falsely represents the flow <strong>of</strong> assets or the results <strong>of</strong><br />
the economic activity and in this way misleads the managing bodies within the<br />
business organization in decision making on management activities;<br />
1.3. fails to meet tax obligations or other fiscal obligations as determined by law;<br />
1.4. uses means at his or her disposal contrary to their foreseen purpose; or<br />
1.5. in any other way violates the law on or the rules <strong>of</strong> business activity which<br />
relate to the disposal, use or management <strong>of</strong> property.<br />
2. When the <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article results in material benefits<br />
exceeding one hundred thousand (100,000) EUR, the perpetrator shall be punished by<br />
imprisonment <strong>of</strong> one (1) to eight (8) years.<br />
152