Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
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motives for committing the criminal <strong>of</strong>fenses and other circumstances that indicate the<br />
appropriateness <strong>of</strong> revoking conditional release.<br />
3. When the court revokes conditional release, it shall impose a punishment on the basis<br />
<strong>of</strong> the provisions from Articles 80 and paragraph 2 <strong>of</strong> Article 82 <strong>of</strong> this <strong>Code</strong>, treating the<br />
previously imposed punishment as determined. The portion <strong>of</strong> the previously imposed<br />
punishment which has been served by the convicted person following the previous<br />
sentence shall be calculated in the new punishment, whereas the time on conditional<br />
release shall not be calculated. The court judgment shall state that conditional release has<br />
been revoked. The court shall send a copy <strong>of</strong> the judgment to the Conditional Release<br />
Panel.<br />
4. The provisions <strong>of</strong> paragraphs 1 to 3 <strong>of</strong> this Article shall apply also when a convicted<br />
person released on conditional release is punished for a criminal <strong>of</strong>fense committed prior<br />
to his or her release on conditional release.<br />
5. If the convicted person released on conditional release is sentenced to imprisonment<br />
for a term not exceeding one (1) year and if the court does not order the revocation <strong>of</strong><br />
conditional release, the term <strong>of</strong> the release on conditional release shall be extended for<br />
the period <strong>of</strong> time the convicted person spent serving such sentence <strong>of</strong> imprisonment.<br />
CHAPTER VII<br />
CONFISCATION OF MATERIAL BENEFITS ACQUIRED BY THE<br />
COMMISSION OF CRIMINAL OFFENSES<br />
Article 96<br />
Grounds for confiscating material benefits<br />
1. No person may retain a material benefit acquired by the criminal <strong>of</strong>fense.<br />
2. The material benefit provided for in paragraph 1 <strong>of</strong> this Article shall be confiscated by<br />
the court establishing the criminal <strong>of</strong>fense, according to the terms provided for by law.<br />
Article 97<br />
Conditions and means <strong>of</strong> confiscating material benefits<br />
1. Material benefits shall be confiscated from the perpetrator or when confiscation is not<br />
possible, the perpetrator shall be obliged to pay an amount <strong>of</strong> money corresponding to the<br />
material benefit acquired.<br />
2. Material Benefits may be confiscated from the person to whom it has been transferred<br />
without compensation or with compensation that does not correspond to the real value, if<br />
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