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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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