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Criminal Code of Kosovo - Legislationline

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Article 84<br />

Calculating detention and punishments served in other jurisdictions<br />

The detention, deprivation <strong>of</strong> liberty during proceedings to transfer a person to another<br />

jurisdiction and the portion <strong>of</strong> a punishment served by the perpetrator pursuant to a<br />

judgment <strong>of</strong> a foreign court shall be calculated toward the punishment imposed by a court<br />

in the Republic <strong>of</strong> <strong>Kosovo</strong> for that same act or, if the punishment imposed outside <strong>of</strong> the<br />

Republic <strong>of</strong> <strong>Kosovo</strong> is not <strong>of</strong> the same character, the court shall calculate the punishment<br />

in a way it deems appropriate.<br />

CHAPTER IV<br />

JUDICIAL ADMONITION<br />

Article 85<br />

Purpose <strong>of</strong> judicial admonition<br />

The purpose <strong>of</strong> a judicial admonition is to give a perpetrator a reprimand when,<br />

considering all the circumstances regarding the <strong>of</strong>fense and the perpetrator, a judicial<br />

admonition is sufficient to achieve the purpose <strong>of</strong> a punishment.<br />

Article 86<br />

Judicial admonition<br />

1. A perpetrator subject to a judicial admonition shall be informed that he or she has<br />

committed a harmful and dangerous act which constitutes a criminal <strong>of</strong>fense and that if<br />

he or she commits such an act again, the court will impose a more severe criminal<br />

sanction.<br />

2. A judicial admonition may be imposed for criminal <strong>of</strong>fenses which are punishable by<br />

imprisonment <strong>of</strong> up to one (1) year or by a fine, when such <strong>of</strong>fenses are committed under<br />

mitigating circumstances which render the <strong>of</strong>fenses particularly minor.<br />

3. A judicial admonition may also be imposed for certain criminal <strong>of</strong>fenses punishable by<br />

imprisonment <strong>of</strong> up to three (3) years under the conditions provided for by law.<br />

4. The court may impose a judicial admonition for more than one criminal <strong>of</strong>fense<br />

committed concurrently, when each <strong>of</strong> the criminal <strong>of</strong>fenses meet the conditions provided<br />

for in paragraph 2 or 3 <strong>of</strong> this Article.<br />

5. When determining whether to impose a judicial admonition, the court shall consider,<br />

in particular, the purpose <strong>of</strong> a judicial admonition, the perpetrator’s past conduct, his or<br />

her behavior after the commission <strong>of</strong> the criminal <strong>of</strong>fense, the degree <strong>of</strong> criminal liability,<br />

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