Criminal Code of Kosovo - Legislationline

1.1. there is a serious danger that the perpetrator will commit a criminal offense;
1.2. the mandatory psychiatric treatment at liberty is necessary to avoid the
commission of another criminal offense; and
1.3. mandatory psychiatric treatment at liberty is sufficient to avoid serious
danger.
2. The measures of mandatory psychiatric treatment at liberty from paragraph 1 of this
Article may be imposed on a perpetrator upon whom a measure of mandatory psychiatric
treatment in custody in a health care institution was imposed when the court verifies that
the custody in the health care institution is no longer necessary and the measures of
mandatory psychiatric treatment at liberty are sufficient to address the considerations set
forth in sub-paragraphs 1.1 to 1.3 of paragraph 1 of this Article.
3. Subject to the conditions set forth in paragraph 1 of this Article, the court may impose
mandatory psychiatric treatment at liberty on a perpetrator whose mental capacity is
substantially diminished and who is on conditional release as provided for in Article 94
of this Code.
4. The mandatory psychiatric treatment at liberty may not exceed three (3) years if it
imposed on a perpetrator who has substantially diminished mental capacity.
5. The court may impose mandatory psychiatric treatment in custody in a health care
institution:
5.1. when the perpetrator fails to undergo the mandatory psychiatric treatment at
liberty as set forth in paragraphs 1 to 3 of this Article;
5.2. when the perpetrator abandons the mandatory psychiatric treatment at liberty;
or
5.3. when, in spite of the mandatory psychiatric treatment in custody in a health
care institution, there is a serious danger that the perpetrator will again commit a
criminal offense.
Article 91
Mandatory rehabilitation treatment of persons addicted to drugs or alcohol
1. The court may order a measure of mandatory rehabilitation treatment in a health care
institution for any perpetrator who has committed a criminal offense under the influence
of drugs or alcohol if both of the following conditions are met:
1.1. the court has imposed a punishment, a judicial admonition or a waiver of
punishment on the perpetrator; and
40