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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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