Criminal Code of Kosovo - Legislationline

More documents

Recommendations

Info

2. The law shall not prescribe the punishment of life long imprisonment as the only principal punishment for a particular criminal offense. 3. Life long imprisonment cannot be imposed on a person who at the time of committing the criminal offense was under twenty one (21) years of age or on a person who at the time of committing the offense had substantially diminished mental capacity. Article 45 Punishment of imprisonment 1. The punishment of imprisonment may not be shorter than thirty (30) days or more than twenty five (25) years. 2. The punishment of imprisonment is imposed in full years and months and in cases where the term is up to six (6) months, in full days. Article 46 Punishment of fine 1. The punishment of a fine may not be less than one hundred (100) European Euros (hereinafter “EUR”). The punishment of a fine may not exceed twenty five thousand (25,000) EUR or, in the case of criminal offenses related to terrorism, trafficking in persons, organized crime or criminal offenses committed to obtain a material benefit, it may not exceed five hundred thousand (500,000) EUR. 2. The judgment shall determine the deadline for the payment of a fine. The deadline may not be less than fifteen (15) days or more than three (3) months, but in justifiable circumstances, the court may allow the fine to be paid in installments over a period not exceeding two (2) years. The judgment shall also determine when the installments are to be paid and state that the privilege of paying by installments will be revoked if the convicted person fails to pay an installment on time. 3. If the convicted person remains unwilling or unable to pay the fine, the court may replace the punishment of fine with the punishment of imprisonment. When a punishment of imprisonment is substituted for a fine, one day in prison is calculated as twenty (20) EUR of the fine. However, the punishment of imprisonment shall not exceed three (3) years. 4. If the convicted person is unwilling or unable to pay the full fine, the Court shall replace the balance of the unpaid fine with punishment of imprisonment as provided for in paragraph 3 of this Article. If the convicted person pays the balance of the fine, the execution of his sentence shall be stayed. 16
5. If the convicted person remains unwilling or unable to pay the fine, instead of imposing a punishment of imprisonment, the court may, with the consent of the convicted person, substitute an order for community service work for the fine. An order for community service work shall calculate eight (8) working hours of community service work for each twenty (20) EUR of the fine. The community service work shall not exceed two hundred forty (240) working hours. 6. A fine shall not be collected after the death of the convicted person. Article 47 Replacement of imprisonment with punishment of fine The court may, with the consent of the convicted person, replace the punishment of up to six (6) months imprisonment with the punishment of fine. Article 48 Replacement of punishment with order for community service work 1. The court may, with the consent of the convicted person, replace the punishment of up to six (6) months imprisonment with an order for community service work. 2. When imposing an order for community service work, the court shall order the convicted person to perform unpaid community service work for a specified term of thirty (30) to two hundred forty (240) working hours. The probation service will determine the type of community service to be performed by the convicted person, designate the specific organization for which the convicted person will perform the community service, decide on the days of the week when the community service work will be performed and supervise the performance of the community service work. 3. The community service work shall be performed within a period specified by the court which shall not exceed one (1) year. 4. If, upon the expiry of the specified period, the convicted person has not performed the community service work or has only partially performed such community service work, the court shall order a term of imprisonment. One (1) day of imprisonment shall be ordered for every eight (8) hours of community service that was not performed. 17
Page 1 and 2: Republika e Kosovës Republika Koso
Page 3 and 4: Republika e Kosovës Republika Koso
Page 5 and 6: 1.4. judicial admonition. 2. The me
Page 7 and 8: 3. An act that is disproportionate
Page 9 and 10: 3. A person is not criminally liabl
Page 11 and 12: 2. If a person’s mistake is due t
Page 13 and 14: 3. Whoever intentionally incites an
Page 15 and 16: 2.1. the author cannot be found or
Page 17: 1.1. to prevent the perpetrator fro
Page 21 and 22: for by provisions in this Code. The
Page 23 and 24: the verification period but it is e
Page 25 and 26: 1.12. to compensate or restitute th
Page 27 and 28: 2.7. confiscation; 2.8. order to pu
Page 29 and 30: Article 68 Confiscation of driver
Page 31 and 32: CALCULATION OF PUNISHMENT Article 7
Page 33 and 34: 3. When determining the punishment
Page 35 and 36: 1.6. if a period of less than one (
Page 37 and 38: 2.3. if the court has imposed a pun
Page 39 and 40: Article 84 Calculating detention an
Page 41 and 42: Article 89 Mandatory psychiatric tr
Page 43 and 44: 1.2. the court determines that the
Page 45 and 46: motives for committing the criminal
Page 47 and 48: CHAPTER VIII LEGAL CONSEQUENCES OF
Page 49 and 50: 3. A punishment of imprisonment of
Page 51 and 52: 2. In the case of an offense commit
Page 53 and 54: 4. The period of statutory limitati
Page 55 and 56: Article 116 Applicability of crimin
Page 57 and 58: 3.3. any person exercising a public
Page 59 and 60: grandparents, children, grandchildr
Page 61 and 62: 38.12. decorative weapons; 38.13. i
Page 63 and 64: 1.3. The Prime Minister of the Repu
Page 65 and 66: Article 133 Aggravated offenses aga
Page 67 and 68: 1.14. endangering civil aviation sa
Page 69 and 70:
Article 140 Training for terrorism
Page 71 and 72:
3. When the offense provided for in
Page 73 and 74:
1.3. enslavement; 1.4. deportation
Page 75 and 76:
2.2. torture or inhuman treatment,
Page 77 and 78:
2.14. declaring abolished, suspende
Page 79 and 80:
2.4. the passing of sentences and t
Page 81 and 82:
nature to strike military objective
Page 83 and 84:
Article 159 Endangering negotiators
Page 85 and 86:
3. Whoever intentionally deprives a
Page 87 and 88:
Page 89 and 90:
2.Whoever, in violation of internat
Page 91 and 92:
10.2 the perpetrator of this offens
Page 93 and 94:
Article 173 Endangering internation
Page 95 and 96:
Article 175 Hostage-taking 1. Whoev
Page 97 and 98:
1.8. deprives another person of his
Page 99 and 100:
Article 185 Threat 1. Whoever serio
Page 101 and 102:
3.1. imprisonment of three (3) mont
Page 103 and 104:
4. When the criminal offense provid
Page 105 and 106:
5. If the perpetrator voluntarily r
Page 107 and 108:
Article 198 Mistreatment during exe
Page 109 and 110:
Article 203 Unauthorized disclosure
Page 111 and 112:
Article 208 Preventing exercise of
Page 113 and 114:
Article 214 Abuse of official duty
Page 115 and 116:
position or authorizations related
Page 117 and 118:
Article 226 Violating social insura
Page 119 and 120:
Article 229 Mistake of fact as to a
Page 121 and 122:
5. For the purposes of this Article
Page 123 and 124:
3.1. the offense is preceded, accom
Page 125 and 126:
Page 127 and 128:
Article 236 Inducing sexual acts, t
Page 129 and 130:
following circumstances shall be pu
Page 131 and 132:
Page 133 and 134:
etween the ages of fourteen (14) an
Page 135 and 136:
gain, or compels such child to enga
Page 137 and 138:
CHAPTER XXII CRIMINAL OFFENSES AGAI
Page 139 and 140:
Page 141 and 142:
Article 264 Irresponsible preparati
Page 143 and 144:
Page 145 and 146:
Article 270 Pollution of drinking w
Page 147 and 148:
that they shall be distributed, sol
Page 149 and 150:
Article 279 Organizing, managing or
Page 151 and 152:
hundred thousand (500,000) EUR and
Page 153 and 154:
Article 287 Causing false bankruptc
Page 155 and 156:
Article 291 Entering into harmful c
Page 157 and 158:
7. The counterfeit securities, paym
Page 159 and 160:
8. The objects and the equipment fo
Page 161 and 162:
1.4. applying dissimilar conditions
Page 163 and 164:
Article 305 Prohibited trade 1. Who
Page 165 and 166:
market in terms of yield, price, or
Page 167 and 168:
2. Whoever gives, attempts to give
Page 169 and 170:
Article 321 Unauthorised connection
Page 171 and 172:
Article 327 Aggravated theft 1. Who
Page 173 and 174:
Page 175 and 176:
importance; is part of a public col
Page 177 and 178:
Article 337 Fraud related to receiv
Page 179 and 180:
maintaining or whose property is un
Page 181 and 182:
CHAPTER XXVIII CRIMINAL OFFENSES AG
Page 183 and 184:
3. Whoever in violation of the law,
Page 185 and 186:
Article 353 Unlawful practice of ve
Page 187 and 188:
Article 358 Forest theft 1. Whoever
Page 189 and 190:
has a unique value or if the offens
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
material damage to property shall b
Page 199 and 200:
Page 201 and 202:
Article 385 Failure to report prepa
Page 203 and 204:
Article 388 Providing assistance to
Page 205 and 206:
2. When the declaration provided fo
Page 207 and 208:
4. Whoever in the commission of the
Page 209 and 210:
1.4. issues a document and claims b
Page 211 and 212:
4. When the perpetrator of the offe
Page 213 and 214:
Article 410 Attacking official pers
Page 215 and 216:
Article 416 Destroying or concealin
Page 217 and 218:
another person or to seriously viol
Page 219 and 220:
way deceives an authorized person i
Page 221 and 222:
Article 431 Trading in influence 1.
Page 223 and 224:
Article 436 Unlawful appropriation
Page 225 and 226:
1.3. preparation of Terrorist Offen
Page 227 and 228:
2.13. hostage Taking as set forth i
Page 229 and 230:
authority, for any reason when this
Page 231 and 232:
2.28. unauthorized Import, Export,
show all

Criminal Code of Kosovo - Legislationline

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

Delete template?

Save as template?