19.07.2013 Views

Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

2. The persons referred to in paragraph 1 <strong>of</strong> this Article are criminally liable if the court<br />

finds that:<br />

2.1. the disclosure <strong>of</strong> information is necessary to prevent an attack that constitutes<br />

an imminent threat to life or physical integrity <strong>of</strong> any person.<br />

Article 39<br />

Application <strong>of</strong> general provisions on criminal liability<br />

The provisions on the criminal liability <strong>of</strong> persons referred to in Articles 37 and 38 <strong>of</strong> this<br />

<strong>Code</strong> are applicable only if those persons are not held criminally liable under general<br />

provisions on criminal liability defined in this <strong>Code</strong>.<br />

Article 40<br />

<strong>Criminal</strong> liability <strong>of</strong> legal persons<br />

1. A legal person is liable for the criminal <strong>of</strong>fence <strong>of</strong> the responsible person, who has<br />

committed a criminal <strong>of</strong>fence, acting on behalf <strong>of</strong> the legal person within his or her<br />

authorizations, with the purpose to gain a benefit or has caused damages for that legal<br />

person. The liability <strong>of</strong> legal person exists even when the actions <strong>of</strong> the legal person were<br />

in contradiction with the business policies or the orders <strong>of</strong> the legal person.<br />

2. Under the conditions provided for in paragraph 1 <strong>of</strong> this Article, the legal person shall<br />

also be liable for criminal <strong>of</strong>fences in cases <strong>of</strong> the responsible person, who has committed<br />

the criminal <strong>of</strong>fence, who was not sentenced for that criminal <strong>of</strong>fence.<br />

3. The liability <strong>of</strong> the legal person is based on the culpability <strong>of</strong> the responsible person.<br />

4. The subjective element <strong>of</strong> the criminal <strong>of</strong>fence, which exists only for the responsible<br />

person, shall be evaluated in relation with the legal person, if the basis for the liability<br />

provided for in paragraph 1 <strong>of</strong> this Article, was fulfilled.<br />

1. The purposes <strong>of</strong> punishment are:<br />

CHAPTER III<br />

PUNISHMENTS<br />

Article 41<br />

Purpose <strong>of</strong> punishments<br />

14

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!