Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
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Article 93<br />
Limitation on restriction <strong>of</strong> rights <strong>of</strong> convicted persons<br />
1. The rights <strong>of</strong> a convicted person shall always be respected during the execution <strong>of</strong> a<br />
punishment.<br />
2. The rights <strong>of</strong> a convicted person may only be limited to the extent necessary and in<br />
compliance with the law and international human rights standards.<br />
Article 94<br />
Conditional release<br />
1. A convicted person may be granted conditional release in accordance with this <strong>Code</strong><br />
and the Law on the Execution <strong>of</strong> Penal Sanctions if there are reasonable grounds to<br />
expect that he or she will not commit a new criminal <strong>of</strong>fense. The conduct <strong>of</strong> the<br />
convicted person while serving his or her punishment shall be taken into consideration<br />
when deciding whether or not conditional release is granted.<br />
2. A person convicted <strong>of</strong> a criminal <strong>of</strong>fence for which a punishment <strong>of</strong> at least five (5)<br />
years imprisonment has been provided, may be granted conditional release after serving<br />
two-thirds (2/3) <strong>of</strong> the imposed sentence. For other criminal <strong>of</strong>fences, the convicted<br />
person may be granted conditional release after having served half <strong>of</strong> the imposed<br />
sentence.<br />
3. A convicted person who has served forty (40) years <strong>of</strong> a sentence <strong>of</strong> life long<br />
imprisonment may be granted conditional release on the condition that he or she does not<br />
commit another criminal <strong>of</strong>fense. The minimum period <strong>of</strong> supervision by the Probation<br />
Service shall be at least five (5) years.<br />
4. Conditional release shall be decided by the Conditional Release Panel established by<br />
<strong>Kosovo</strong> Judicial Council in accordance with the Law on the Execution <strong>of</strong> Penal<br />
Sanctions.<br />
Article 95<br />
Revocation <strong>of</strong> conditional release<br />
1. The court shall revoke conditional release if a convicted person, while on conditional<br />
release, commits one or more criminal <strong>of</strong>fenses for which a punishment <strong>of</strong> imprisonment<br />
<strong>of</strong> more than one (1) year was imposed.<br />
2. The court may revoke conditional release if a convicted person, while on conditional<br />
release, commits one or more criminal <strong>of</strong>fenses for which a punishment <strong>of</strong> imprisonment<br />
<strong>of</strong> up to one (1) year was imposed. In determining whether to revoke conditional release,<br />
the court shall consider, in particular, the similarity <strong>of</strong> criminal <strong>of</strong>fenses committed, the<br />
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