Criminal Code of Kosovo - Legislationline

another person or to seriously violates the rights of another person, shall be punished by
imprisonment of six (6) months to five (5) years.
2. For purposes of this Article, the abuse of official position includes, but is not limited
to:
2.1. intentionally or knowingly violating a law relating to the official’s office,
duties or employment;
2.2. intentionally failing to perform any mandatory duty as required by law;
2.3. accepting any gift, fee or advantage of any kind as a result of the performance
of an official duty unless the acceptance of the gift, fee or advantage is permitted
by law;
2.4. misusing government property, services, personnel, or any other thing of
value belonging to the government that has come into the official’s custody or
possession by virtue of the official’s office or employment;
2.5. intentionally subjecting another person to mistreatment or to arrest, detention,
search, seizure, dispossession, assessment, or lien that he knows is unlawful; or
2.6. intentionally denying or impeding another in the exercise or enjoyment of any
legal right, privilege, power, or immunity.
Article 423
Misusing official information
1. An official person who misuses official information with the intent to acquire any
undue gain or advantage for himself or herself or another person shall be punished by a
fine and imprisonment of six (6) months to five (5) years.
2. When the official information relates to any procurement action or public auction, the
perpetrator shall be punished by a fine and imprisonment of two (2) to eight (8) years.
3. When the offense provided for in paragraph 1 of this Article results in a material
benefit or loss exceeding five thousand (5,000) EUR, the perpetrator shall be punished by
a fine and imprisonment of one (1) to eight (8) years.
4. When the offense provided for in paragraph 1 of this Article results in a material
benefit or loss exceeding fifty thousand (50,000) EUR, the perpetrator shall be punished
by a fine and imprisonment of three (3) to twelve (12) years.
5. For purposes of this Article “official information” means information that he or she has
access to by means of his office or employment and which has not been made public.
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