Criminal Code of Kosovo - Legislationline

CALCULATION OF PUNISHMENT
Article 73
General rules on calculating punishments
1. When determining the punishment of a criminal offense, the court must look to any
minimum and maximum penalty applicable to the criminal offense. The court must then
consider the purposes of punishment, the principles set out in this chapter and the
mitigating or aggravating factors relating to the specific offense or punishment.
2. The punishment shall be proportionate to the gravity of the offense and the conduct
and circumstances of the offender.
3. When determining the punishment the court shall consider but not be limited by
following factors:
3.1. the degree of criminal liability;
3.2. the motives for committing the act;
3.3. the intensity of danger or injury to the protected value;
3.4. the circumstances in which the act was committed;
3.5. the past conduct of the perpetrator;
3.6. the entering of a guilty plea; and
3.7. the personal circumstances of the perpetrator and his or her behavior after
committing a criminal offense.
4. When determining the punishment for a recidivist, the court shall especially consider
whether the perpetrator has previously committed a criminal offense of the same type as
the new criminal offense, whether the two (2) acts were committed for the same motives,
and the period of time that has elapsed since the previous conviction was pronounced or
since the punishment was served or waived.
5. When determining the punishment of a fine, the court shall consider the material
situation of the perpetrator, and, in particular, the amount of his or her personal income,
other income, assets and obligations. The court shall not set the level of a fine above the
means of the perpetrator.
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