Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
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for by provisions in this <strong>Code</strong>. The court shall determine a deadline for the performance<br />
<strong>of</strong> these conditions within the verification period.<br />
4. When the court imposes a punishment <strong>of</strong> imprisonment or a fine, the court may impose<br />
a suspended sentence for both punishments or only for the punishment <strong>of</strong> imprisonment.<br />
Article 52<br />
Conditions for imposing suspended sentences<br />
1. A suspended sentence may be imposed on a perpetrator <strong>of</strong> a criminal <strong>of</strong>fense for which<br />
the punishment <strong>of</strong> imprisonment <strong>of</strong> up to five (5) years is provided for by the law.<br />
2. A suspended sentence may be imposed on a perpetrator <strong>of</strong> a criminal <strong>of</strong>fense for which<br />
the punishment <strong>of</strong> imprisonment <strong>of</strong> up to ten (10) years is provided by for the law if the<br />
provisions <strong>of</strong> mitigation <strong>of</strong> the punishment are applied.<br />
3. A suspended sentence may be imposed on a perpetrator as foreseen in paragraph 1 and<br />
2 <strong>of</strong> this Article when the court imposes a punishment <strong>of</strong> a fine or <strong>of</strong> imprisonment <strong>of</strong> up<br />
to two (2) years, either for a single <strong>of</strong>fense or concurrent <strong>of</strong>fenses.<br />
4. When determining whether to impose a suspended sentence, the court shall consider, in<br />
particular, the purpose <strong>of</strong> a suspended sentence, the past conduct <strong>of</strong> the perpetrator, his or<br />
her behavior after the commission <strong>of</strong> the criminal <strong>of</strong>fense, the degree <strong>of</strong> criminal liability<br />
and other circumstances under which the criminal <strong>of</strong>fense was committed.<br />
5. When the court imposes a punishment <strong>of</strong> imprisonment and a fine, the court may<br />
impose a suspended sentence for both punishments or for only the punishment <strong>of</strong><br />
imprisonment.<br />
Article 53<br />
Revocation <strong>of</strong> suspended sentence due to newly committed criminal <strong>of</strong>fenses<br />
1. The court shall revoke a suspended sentence if, during the verification period, the<br />
convicted person commits one or more criminal <strong>of</strong>fenses for which a punishment <strong>of</strong><br />
imprisonment <strong>of</strong> two (2) or more years has been imposed.<br />
2. The court may revoke a suspended sentence if, during the verification period, the<br />
convicted person commits one or more criminal <strong>of</strong>fenses for which a punishment <strong>of</strong><br />
imprisonment <strong>of</strong> less than two (2) years or a punishment <strong>of</strong> a fine has been imposed, after<br />
considering all the circumstances related to the committed criminal <strong>of</strong>fenses and the<br />
convicted person, and especially the similarity <strong>of</strong> the committed criminal <strong>of</strong>fenses, their<br />
importance and the motives for committing the criminal <strong>of</strong>fenses.<br />
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