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Criminal Code of Kosovo - Legislationline

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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

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