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Criminal Code of Kosovo - Legislationline

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4. Whoever in the commission <strong>of</strong> the <strong>of</strong>fenses provided for in paragraphs 1 to 3 <strong>of</strong> this<br />

Article threatens to use violence or uses violence, shall be punished by imprisonment <strong>of</strong><br />

at least two (2) years.<br />

5. If the <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article is committed against any<br />

witness the perpetrator shall be punished by imprisonment <strong>of</strong> at least three (3) years, and<br />

if such <strong>of</strong>fense results in bodily injury, at least five (5) years.<br />

Article 395<br />

Intimidation during criminal proceedings<br />

Whoever uses force or serious threat, or any other means <strong>of</strong> compulsion, a promise <strong>of</strong> a<br />

gift or any other form <strong>of</strong> benefit to induce another person to refrain from making a<br />

statement or to make a false statement or to otherwise fail to state true information to the<br />

police, a prosecutor or a judge, when such information relates to obstruction <strong>of</strong> criminal<br />

proceedings shall be punished by a fine <strong>of</strong> up to one hundred and twenty-five thousand<br />

(125,000) EUR and by imprisonment <strong>of</strong> two (2) to ten (10) years.<br />

Article 396<br />

Retaliation<br />

1. Whoever takes any action harmful to any person, including interference with lawful<br />

employment or livelihood <strong>of</strong> any person, with the intent to retaliate for providing truthful<br />

information relating to the commission or possible commission <strong>of</strong> any criminal <strong>of</strong>fense to<br />

police, an authorized investigator, a prosecutor or a judge, shall be fined and punished by<br />

imprisonment <strong>of</strong> up to three (3) years.<br />

2. Whoever with the intent to retaliate against any <strong>of</strong>ficial person for any act performed in<br />

the course <strong>of</strong> his or her <strong>of</strong>ficial duties, kills another person shall be punished by<br />

imprisonment <strong>of</strong> at least fifteen (15) years or lifelong imprisonment.<br />

3. Whoever with the intent to retaliate against any <strong>of</strong>ficial person for any act performed in<br />

the course <strong>of</strong> his or her <strong>of</strong>ficial duties attempts to kill another person shall be punished by<br />

imprisonment <strong>of</strong> at least ten (10) years.<br />

4. Whoever, with the intent provided for in paragraphs 1 to 3 <strong>of</strong> this Article, causes<br />

bodily injury or damages the property <strong>of</strong> any person shall be punished by at least three (3)<br />

years, but if the <strong>of</strong>fense occurred in relation to a criminal proceeding, the perpetrator shall<br />

be punished by at least the same sentence as the most serious criminal <strong>of</strong>fense that was<br />

the subject <strong>of</strong> the criminal proceeding.<br />

205

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