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Criminal Code of Kosovo - Legislationline

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animals, plants or property shall be punished by a fine and by imprisonment <strong>of</strong> one (1) to<br />

three (3) years.<br />

2. Whoever, in violation <strong>of</strong> the law disposes <strong>of</strong>, handles, stores, transports, exports or<br />

imports radioactive substances or radioactive waste which can cause death or grievous<br />

bodily injury to any person or substantial material damage to the quality <strong>of</strong> air, soil or<br />

water or to animals or plants or property shall be punished by a fine and by imprisonment<br />

<strong>of</strong> one (1) to five (5) years.<br />

3. When the criminal <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article, is committed by<br />

negligence, the perpetrator shall be punished by a fine or by imprisonment <strong>of</strong> up to one<br />

(1) year.<br />

4. When the criminal <strong>of</strong>fense provided for in paragraph 2 <strong>of</strong> this Article, is committed by<br />

negligence, the perpetrator shall be punished by a fine or imprisonment <strong>of</strong> up to two (2)<br />

years.<br />

5. When the <strong>of</strong>fense provided for in paragraph 1 or 2 this Article results in death or<br />

grievous bodily injury to any person or substantial material damage to property, animals<br />

or plants, or the substantial material degradation <strong>of</strong> the quality <strong>of</strong> the air, water or soil, the<br />

perpetrator shall be punished by a fine and by imprisonment <strong>of</strong> three (3) to twelve (12)<br />

years.<br />

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

bodily injury to any person or substantial material damage to property, animals or plants,<br />

or the substantial material degradation <strong>of</strong> the quality <strong>of</strong> the air, water or soil, the<br />

perpetrator shall be punished a fine or imprisonment from one (1) to eight (8) years.<br />

Article 349<br />

Allowing unlawful construction or unlawful operation <strong>of</strong> plants and installations<br />

that pollute the environment<br />

1. Whoever, in violation <strong>of</strong> the law on protecting the environment, allows the<br />

construction or installation <strong>of</strong> a plant or operates or manages a plant or an installation in<br />

which a hazardous activity is carried out and thereby risks causing death or grievous<br />

bodily injury to any person, pollutes the environment, the air, soil or water or causes<br />

damage <strong>of</strong> five thousand (5,000) EUR or more to animals or plants or property shall be<br />

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

2. When the <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article is committed by<br />

negligence, the perpetrator shall be punished by a fine or by imprisonment <strong>of</strong> up to one<br />

(1) year.<br />

180

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