Criminal Code of Kosovo - Legislationline

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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
1.2. the court determines that the primary factor motivating the criminal offense was related to perpetrator’s addiction to drugs or alcohol and there are prospects for successful treatment. 2. If the measure referred to in paragraph 1 of this Article is imposed in addition to the punishment of a fine, a judicial admonition or a waiver of punishment, the court may, with the consent of the perpetrator, decide that such measure be executed at liberty. If the perpetrator fails to undergo the treatment at liberty without a justifiable cause or if he or she arbitrarily quits the treatment, the court may order that the treatment be executed in a health care institution. 3. If the measure referred to in paragraph 1 of this Article is imposed in addition to the punishment of a fine, a judicial admonition, or a waiver of punishment, the treatment may not last for more than two (2) years. 4. If the measure referred to in paragraph 1 of this Article is imposed in addition to the punishment of imprisonment, it may last until the punishment is served. The time spent in the health care institution shall be calculated towards the imposed punishment. 5. The court must examine the execution of this measure every two (2) months to determine whether it is necessary to continue the measure. CHAPTER VI GENERAL PROVISIONS ON THE EXECUTION OF PUNISHMENTS AND CONDITIONAL RELEASE Article 92 Execution of punishments of imprisonment and life long imprisonment 1. The punishment of imprisonment or life long imprisonment shall be served in confined, semi-confined or open correctional facilities or units of correctional facilities. 2. The punishment of life long imprisonment shall commence in confined correctional facilities or units of correctional facilities. 3. During the execution of a punishment, the convicted person shall not be subjected to inhuman or degrading treatment or punishment, including unnecessary mental and physical exertion or the deprivation of adequate medical treatment or other basic necessities. 41
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Page 5 and 6: 1.4. judicial admonition. 2. The me
Page 7 and 8: 3. An act that is disproportionate
Page 9 and 10: 3. A person is not criminally liabl
Page 11 and 12: 2. If a person’s mistake is due t
Page 13 and 14: 3. Whoever intentionally incites an
Page 15 and 16: 2.1. the author cannot be found or
Page 17 and 18: 1.1. to prevent the perpetrator fro
Page 19 and 20: 5. If the convicted person remains
Page 21 and 22: for by provisions in this Code. The
Page 23 and 24: the verification period but it is e
Page 25 and 26: 1.12. to compensate or restitute th
Page 27 and 28: 2.7. confiscation; 2.8. order to pu
Page 29 and 30: Article 68 Confiscation of driver
Page 31 and 32: CALCULATION OF PUNISHMENT Article 7
Page 33 and 34: 3. When determining the punishment
Page 35 and 36: 1.6. if a period of less than one (
Page 37 and 38: 2.3. if the court has imposed a pun
Page 39 and 40: Article 84 Calculating detention an
Page 41: Article 89 Mandatory psychiatric tr
Page 45 and 46: motives for committing the criminal
Page 47 and 48: CHAPTER VIII LEGAL CONSEQUENCES OF
Page 49 and 50: 3. A punishment of imprisonment of
Page 51 and 52: 2. In the case of an offense commit
Page 53 and 54: 4. The period of statutory limitati
Page 55 and 56: Article 116 Applicability of crimin
Page 57 and 58: 3.3. any person exercising a public
Page 59 and 60: grandparents, children, grandchildr
Page 61 and 62: 38.12. decorative weapons; 38.13. i
Page 63 and 64: 1.3. The Prime Minister of the Repu
Page 65 and 66: Article 133 Aggravated offenses aga
Page 67 and 68: 1.14. endangering civil aviation sa
Page 69 and 70: Article 140 Training for terrorism
Page 71 and 72: 3. When the offense provided for in
Page 73 and 74: 1.3. enslavement; 1.4. deportation
Page 75 and 76: 2.2. torture or inhuman treatment,
Page 77 and 78: 2.14. declaring abolished, suspende
Page 79 and 80: 2.4. the passing of sentences and t
Page 81 and 82: nature to strike military objective
Page 83 and 84: Article 159 Endangering negotiators
Page 85 and 86: 3. Whoever intentionally deprives a
Page 87 and 88: 3. When the offense provided for in
Page 89 and 90: 2.Whoever, in violation of internat
Page 91 and 92: 10.2 the perpetrator of this offens
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Article 173 Endangering internation
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Article 175 Hostage-taking 1. Whoev
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1.8. deprives another person of his
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Article 185 Threat 1. Whoever serio
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3.1. imprisonment of three (3) mont
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4. When the criminal offense provid
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5. If the perpetrator voluntarily r
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Article 198 Mistreatment during exe
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Article 203 Unauthorized disclosure
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Article 208 Preventing exercise of
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Article 214 Abuse of official duty
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position or authorizations related
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Article 226 Violating social insura
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Article 229 Mistake of fact as to a
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5. For the purposes of this Article
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3.1. the offense is preceded, accom
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5. When the offense provided for in
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Article 236 Inducing sexual acts, t
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following circumstances shall be pu
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etween the ages of fourteen (14) an
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gain, or compels such child to enga
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CHAPTER XXII CRIMINAL OFFENSES AGAI
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Article 264 Irresponsible preparati
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Article 270 Pollution of drinking w
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that they shall be distributed, sol
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Article 279 Organizing, managing or
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hundred thousand (500,000) EUR and
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Article 287 Causing false bankruptc
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Article 291 Entering into harmful c
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7. The counterfeit securities, paym
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8. The objects and the equipment fo
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1.4. applying dissimilar conditions
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Article 305 Prohibited trade 1. Who
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market in terms of yield, price, or
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2. Whoever gives, attempts to give
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Article 321 Unauthorised connection
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Article 327 Aggravated theft 1. Who
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importance; is part of a public col
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Article 337 Fraud related to receiv
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maintaining or whose property is un
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CHAPTER XXVIII CRIMINAL OFFENSES AG
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3. Whoever in violation of the law,
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Article 353 Unlawful practice of ve
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Article 358 Forest theft 1. Whoever
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has a unique value or if the offens
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material damage to property shall b
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Article 385 Failure to report prepa
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Article 388 Providing assistance to
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2. When the declaration provided fo
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4. Whoever in the commission of the
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1.4. issues a document and claims b
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4. When the perpetrator of the offe
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Article 410 Attacking official pers
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Article 416 Destroying or concealin
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another person or to seriously viol
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way deceives an authorized person i
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Article 431 Trading in influence 1.
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Article 436 Unlawful appropriation
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1.3. preparation of Terrorist Offen
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2.13. hostage Taking as set forth i
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authority, for any reason when this
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2.28. unauthorized Import, Export,
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Criminal Code of Kosovo - Legislationline

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