Criminal Code of Kosovo - Legislationline

Article 75
Mitigation of punishments
1. The court may impose a punishment below the limits provided for by law or impose a
lesser type of punishment:
1.1. when the law provides that the punishment of the perpetrator may be
mitigated or reduced; or
1.2. when the court finds that there are particularly mitigating circumstances
which indicate that the purpose of punishment can be achieved by imposing a
lesser punishment; or,
1.3. in cases when the perpetrator pleads guilty or enters into a plea agreement. In
such cases the court should take under consideration the opinion of the
prosecutor, defense counsel and the injured party with regard to the mitigation of
the punishment and it shall be advised but not constrained by the limits provided
for in Article 76 of this Code.
Article 76
Limits on mitigation of punishments
1. When the conditions set out in Article 75 of this Code exist, the court may mitigate the
punishment within the following limits:
1.1. if a period of at least ten (10) years is provided as the minimum term of
imprisonment for a criminal offense, the punishment can be mitigated to
imprisonment of up to five (5) years;
1.2. if a period of at least five (5) years is provided as the minimum term of
imprisonment for a criminal offense, the punishment can be mitigated to
imprisonment of up to three (3) years;
1.3. if a period of at least three (3) years is provided as the minimum term of
imprisonment for a criminal offense, the punishment can be mitigated to
imprisonment of up to one (1) year;
1.4. if a period of two (2) years is provided as the minimum term of imprisonment
for a criminal offense, the punishment can be mitigated to imprisonment of up to
six (6) months;
1.5. if a period of one (1) year is provided as the minimum term of imprisonment
for a criminal offense, the punishment can be mitigated to imprisonment of up to
three (3) months;
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