Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
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Article 424<br />
Conflict <strong>of</strong> interest<br />
1. An <strong>of</strong>ficial person who participates personally in any <strong>of</strong>ficial matter in which he or<br />
she, a member <strong>of</strong> the family, or any related legal person, has a financial interest shall be<br />
punished by a fine or imprisonment up to three (3) years.<br />
2. When the <strong>of</strong>ficial matter is a procurement action or public auction, the perpetrator shall<br />
be punished by imprisonment <strong>of</strong> one (1) to five (5) years.<br />
3. For purposes <strong>of</strong> this Article, “participates” means exercising <strong>of</strong>ficial authority through<br />
decision, approval, disapproval, recommendation, rendering advice, investigation, or<br />
otherwise exercising influence over an <strong>of</strong>ficial matter.<br />
4. For purposes <strong>of</strong> this Article, “<strong>of</strong>ficial matter” means a judicial or other <strong>of</strong>ficial<br />
proceeding; an application, request for a ruling or other <strong>of</strong>ficial determination; a contract<br />
or claim; a public auction or other procurement action; or, another matter affecting the<br />
financial or personal interests <strong>of</strong> the <strong>of</strong>ficial or another person.<br />
5. For purposes <strong>of</strong> this Article, “related legal person” means any legal person in which<br />
the <strong>of</strong>ficial or a member <strong>of</strong> the family has a financial relationship, including a<br />
relationship or a prospective relationship as a responsible person or employee.<br />
Article 425<br />
Misappropriation in <strong>of</strong>fice<br />
1. An <strong>of</strong>ficial person, who, with the intent to obtain an unlawful material benefit for<br />
himself, herself or another person, appropriates property entrusted to him or her because<br />
<strong>of</strong> his or her duty or position shall be punished by a fine and imprisonment <strong>of</strong> six (6)<br />
months to five (5) years.<br />
2. When the <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article results in a material<br />
benefit or loss exceeding five thousand (5,000) EUR, the perpetrator shall be punished by<br />
a fine and imprisonment <strong>of</strong> one (1) to eight (8) years.<br />
3. When the <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article results in a material<br />
benefit or loss exceeding fifty thousand (50,000) EUR, the perpetrator shall be punished<br />
by a fine and imprisonment <strong>of</strong> three (3) to twelve (12) years.<br />
Article 426<br />
Fraud in <strong>of</strong>fice<br />
1. An <strong>of</strong>ficial person who, with the intent to obtain unlawful material benefit for himself,<br />
herself or another person, by presenting a false statement <strong>of</strong> an account or in any other<br />
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