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Criminal Code of Kosovo - Legislationline

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2. Whoever gives, attempts to give or promises a disproportionate reward, gift or any<br />

other benefit to a person engaging in an economic activity in order to acquire any<br />

unjustified advantage for concluding a contract or performing a service shall be punished<br />

by a fine and imprisonment <strong>of</strong> up to three (3) years.<br />

3. If the perpetrator <strong>of</strong> the <strong>of</strong>fense provided for in paragraph 1 or 2 <strong>of</strong> this Article gives a<br />

reward or a gift according to a request and reports the <strong>of</strong>fense before it was discovered or<br />

before he or she found out that it was discovered, the court may waive the punishment.<br />

4. The reward or gift given shall be confiscated, except in the case provided for in<br />

paragraph 3 <strong>of</strong> this Article in which case it may be returned to the person who gave it.<br />

Article 317<br />

Smuggling <strong>of</strong> goods<br />

1. Whoever, while crossing the border carries goods and avoids customs control, or<br />

whoever while avoiding customs control, carries the goods and crosses the border, shall<br />

be punished by a fine or by imprisonment <strong>of</strong> up to three (3) years.<br />

2. Whoever, without a proper license, avoids the customs control and crosses the border<br />

carrying goods, the export or import <strong>of</strong> which is prohibited, limited or requires a special<br />

license issued by the competent authorities, shall be punished by imprisonment <strong>of</strong> six (6)<br />

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 is committed under<br />

one or more <strong>of</strong> the following circumstances, the perpetrator shall be punished by<br />

imprisonment <strong>of</strong> one (1) to ten (10) years:<br />

3.1. the perpetrator crosses the border with objects, goods or dangerous<br />

substances which put the life or health <strong>of</strong> humans at risk;<br />

3.2. the perpetrator crosses the border with objects, goods or dangerous<br />

substances that pose a danger to public security;<br />

3.3. the perpetrator uses force or serious threat or a weapon or a dangerous<br />

instrument during the commission <strong>of</strong> the <strong>of</strong>fense.<br />

4. The goods provided for in paragraphs 1 and 2 <strong>of</strong> this Article shall be confiscated. If<br />

the goods cannot be found, or for other reasons cannot be confiscated, the equivalent <strong>of</strong><br />

the value <strong>of</strong> the goods shall be paid.<br />

5. The transport means or the means for carrying goods which were used for transporting<br />

the goods provided for in paragraphs 1 and 2 <strong>of</strong> this Article shall be confiscated.<br />

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