Criminal Code of Kosovo - Legislationline

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Article 439 Repeal of legal and sub-legal acts Provisions in UNMIK Regulations and the Criminal Code of the Republic of Kosovo UNMIK REG 2003/25 covering matters addressed in the Criminal Code of Kosovo shall cease to have effect upon the entry into force of this Code. Article 440 References to criminal code articles in other laws, the UNMIK regulations and the Criminal Code of the Republic of Kosovo 1. A chart outlining the old and new Article numbers is attached to and adopted with this Code. 2. This chart shall apply to all laws and regulations in the Republic of Kosovo. 3. All references to Articles in other laws of the Republic of Kosovo, the UNMIK Regulations (REG 2003/25) or the Criminal Code of the Republic of Kosovo shall refer to the new Article numbers as set forth in this chart. 4. The provisions of the Criminal Code of the Republic of Kosovo take precedence over all other legal and sub-legal provisions related to criminal offenses and penalties. Article 441 Transitional provisions for the jurisdiction of special prosecution office of the Republic of Kosovo 1. With the entry into force of this Criminal Code of the Republic of Kosovo in addition to the exclusive competence under Article 5.1 and Article 5.2 of the Law on the Special Prosecution Office of the Republic of Kosovo, the Special Prosecution Office of the Republic of Kosovo shall have also exclusive competence to investigate and prosecute the following crimes and the attempt and collaboration offenses related to such offenses: 1.1 commission of the Offence of Terrorism, Recruitment for Terrorism, Training for Terrorism, Incitement to Commit a Terrorist Offence, and Concealment or Failure to Report Terrorists and Terrorist Groups as set forth in Articles 136, 139, 140,141 and 142 of this Code; 1.2. failure to Report Preparation of Criminal Offenses, Failure to Report Criminal Offenses or Perpetrators and Providing Assistance to Perpetrators After the Commission of Criminal Offences as set forth in Articles 385, 386 and 388 of this Code when these offences are committed in relation to Terrorism or the Assistance in the Commission of Terrorism as set forth in Articles 136 and 137 of this Code; 222
1.3. preparation of Terrorist Offences or criminal offences against the Constitutional Order and Security of the Republic of Kosovo as set forth in Articles 136-142 and 144 of this Code when these offenses are committed in relation to terrorism related offences; 1.4. facilitation of the Commission of Terrorism and Organization and Participation in a Terrorist Group as set forth in Articles 138 and 143 of this Code; 1.5. genocide as set forth in Article 148 of this Code; 1.6. crimes against Humanity as set forth in Article 149 of this Code; 1.7. war Crimes in Grave Breach of the Geneva Conventions, War Crimes in Serious Violation of Laws and Customs Applicable in International Armed Conflict, War Crimes in Serious Violation of Article 3 Common to the Geneva Conventions, War Crimes in Serious Violation of Laws and Customs Applicable in Armed Conflict not of an International Character as set forth in Articles 150- 153 of this Code; 1.8. attacks in Armed Conflict not of an International Character Against Installations Containing Dangerous Forces as set forth in Article 154 of this Code; 1.9. conscription or Enlisting of Persons between the Age of Fifteen (15) and Eighteen (18) years in Armed Conflict as set forth in Article 155 of this Code; 1.10. employment of Prohibited Means or Methods of Warfare as set forth in Articles 156 of this Code; 1.11. organization of Groups to Commit Genocide, Crimes Against Humanity and War Crimes as set forth in Article 160 of this Code; 1.12. endangering Internationally Protected Persons as set forth in Article 173 of this Code; 1.13. unlawful Appropriation, Use, Transfer and Disposal of Nuclear Material as set forth in Article 176 of this Code; 1.14. threats to Use or Commit Theft or Robbery of Nuclear Material as set forth in Article 177 of this Code; 1.15. organized Crime as set forth in Article 275 of this Code; 1.16. intimidation During Criminal Proceedings for Organized Crime as set forth in Articles 395 of this Code; 223
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Republika e Kosovës Republika Koso
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Republika e Kosovës Republika Koso
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1.4. judicial admonition. 2. The me
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3. An act that is disproportionate
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3. A person is not criminally liabl
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2. If a person’s mistake is due t
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3. Whoever intentionally incites an
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2.1. the author cannot be found or
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1.1. to prevent the perpetrator fro
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5. If the convicted person remains
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for by provisions in this Code. The
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the verification period but it is e
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1.12. to compensate or restitute th
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2.7. confiscation; 2.8. order to pu
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Article 68 Confiscation of driver
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CALCULATION OF PUNISHMENT Article 7
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3. When determining the punishment
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1.6. if a period of less than one (
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2.3. if the court has imposed a pun
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Article 84 Calculating detention an
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Article 89 Mandatory psychiatric tr
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1.2. the court determines that the
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motives for committing the criminal
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CHAPTER VIII LEGAL CONSEQUENCES OF
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3. A punishment of imprisonment of
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2. In the case of an offense commit
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4. The period of statutory limitati
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Article 116 Applicability of crimin
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3.3. any person exercising a public
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grandparents, children, grandchildr
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38.12. decorative weapons; 38.13. i
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1.3. The Prime Minister of the Repu
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Article 133 Aggravated offenses aga
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1.14. endangering civil aviation sa
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Article 140 Training for terrorism
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3. When the offense provided for in
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1.3. enslavement; 1.4. deportation
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2.2. torture or inhuman treatment,
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2.14. declaring abolished, suspende
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2.4. the passing of sentences and t
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nature to strike military objective
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Article 159 Endangering negotiators
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3. Whoever intentionally deprives a
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2.Whoever, in violation of internat
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10.2 the perpetrator of this offens
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Article 173 Endangering internation
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Article 175 Hostage-taking 1. Whoev
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1.8. deprives another person of his
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Article 185 Threat 1. Whoever serio
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3.1. imprisonment of three (3) mont
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4. When the criminal offense provid
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5. If the perpetrator voluntarily r
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Article 198 Mistreatment during exe
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Article 203 Unauthorized disclosure
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Article 208 Preventing exercise of
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Article 214 Abuse of official duty
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position or authorizations related
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Article 226 Violating social insura
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Article 229 Mistake of fact as to a
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5. For the purposes of this Article
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3.1. the offense is preceded, accom
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Article 236 Inducing sexual acts, t
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following circumstances shall be pu
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etween the ages of fourteen (14) an
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gain, or compels such child to enga
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CHAPTER XXII CRIMINAL OFFENSES AGAI
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Article 264 Irresponsible preparati
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Article 270 Pollution of drinking w
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that they shall be distributed, sol
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Article 279 Organizing, managing or
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hundred thousand (500,000) EUR and
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Article 287 Causing false bankruptc
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Article 291 Entering into harmful c
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7. The counterfeit securities, paym
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8. The objects and the equipment fo
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1.4. applying dissimilar conditions
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Article 305 Prohibited trade 1. Who
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market in terms of yield, price, or
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2. Whoever gives, attempts to give
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Article 321 Unauthorised connection
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Article 327 Aggravated theft 1. Who
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Page 177 and 178: Article 337 Fraud related to receiv
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Page 181 and 182: CHAPTER XXVIII CRIMINAL OFFENSES AG
Page 183 and 184: 3. Whoever in violation of the law,
Page 185 and 186: Article 353 Unlawful practice of ve
Page 187 and 188: Article 358 Forest theft 1. Whoever
Page 189 and 190: has a unique value or if the offens
Page 197 and 198: material damage to property shall b
Page 201 and 202: Article 385 Failure to report prepa
Page 203 and 204: Article 388 Providing assistance to
Page 205 and 206: 2. When the declaration provided fo
Page 207 and 208: 4. Whoever in the commission of the
Page 209 and 210: 1.4. issues a document and claims b
Page 211 and 212: 4. When the perpetrator of the offe
Page 213 and 214: Article 410 Attacking official pers
Page 215 and 216: Article 416 Destroying or concealin
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Page 219 and 220: way deceives an authorized person i
Page 221 and 222: Article 431 Trading in influence 1.
Page 223: Article 436 Unlawful appropriation
Page 227 and 228: 2.13. hostage Taking as set forth i
Page 229 and 230: authority, for any reason when this
Page 231 and 232: 2.28. unauthorized Import, Export,
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