19.07.2013 Views

Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

1.6. if a period <strong>of</strong> less than one (1) year is provided as the minimum term <strong>of</strong><br />

imprisonment for a criminal <strong>of</strong>fense, the punishment can be mitigated to<br />

imprisonment <strong>of</strong> up to thirty (30) days;<br />

1.7. if there is no indication <strong>of</strong> the minimum term <strong>of</strong> imprisonment for a criminal<br />

<strong>of</strong>fense, a punishment <strong>of</strong> a fine can be imposed instead <strong>of</strong> imprisonment;<br />

1.8. if there is no indication <strong>of</strong> the minimum amount <strong>of</strong> a fine for a criminal<br />

<strong>of</strong>fense, the fine can be mitigated to one hundred (100) EUR.<br />

2. In determining the degree <strong>of</strong> mitigation <strong>of</strong> punishment in accordance with paragraph 1<br />

<strong>of</strong> this Article, the court shall take into special consideration the minimum and maximum<br />

term <strong>of</strong> punishment provided for the criminal <strong>of</strong>fense.<br />

Article 77<br />

Waiver <strong>of</strong> punishments<br />

1. The court may waive the punishment <strong>of</strong> the perpetrator for a criminal <strong>of</strong>fense only<br />

when it is explicitly provided for by law.<br />

2. When the court has been authorized by the law to waive the punishment <strong>of</strong> a<br />

perpetrator for a criminal <strong>of</strong>fense, it may mitigate the punishment regardless <strong>of</strong> the limits<br />

on the mitigation <strong>of</strong> punishment.<br />

Article 78<br />

Special grounds to waive punishments for criminal <strong>of</strong>fenses committed negligently<br />

1. The court may waive the punishment <strong>of</strong> a perpetrator if he or she commits a criminal<br />

<strong>of</strong>fense by negligence in the following cases:<br />

1.1. if the consequences <strong>of</strong> the criminal <strong>of</strong>fense affect the perpetrator so severely<br />

that the punishment is unnecessary to achieve its purpose; or<br />

1.2. if immediately after the commission <strong>of</strong> a criminal <strong>of</strong>fense the perpetrator<br />

makes efforts to eliminate or reduce the consequences <strong>of</strong> the <strong>of</strong>fense and if he or<br />

she completely or substantially compensates for the damage caused by the<br />

<strong>of</strong>fense.<br />

33

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!