Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
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such person knew or should have known that the material benefit was acquired by the<br />
commission <strong>of</strong> a criminal <strong>of</strong>fense. When the material benefit has been transferred to a<br />
member <strong>of</strong> the family the benefits shall be confiscated from the member <strong>of</strong> the family<br />
unless such member <strong>of</strong> the family proves that he or she gave compensation for the entire<br />
value.<br />
Article 98<br />
Protection <strong>of</strong> injured parties<br />
1. If property damages have been awarded to an injured party in criminal proceedings, the<br />
court shall order confiscation <strong>of</strong> the material benefit if it exceeds the amount <strong>of</strong> the<br />
property damages awarded to the injured party.<br />
2. An injured party who, in the course <strong>of</strong> criminal proceedings has been instructed to<br />
initiate civil litigation with respect to his or her property claim, can request compensation<br />
from the confiscated material benefit. The injured party seeking compensation from the<br />
confiscated material benefit must commence civil litigation within six (6) months from<br />
the day <strong>of</strong> the final decision instructing him or her to initiate civil litigation and within<br />
three (3) months from the day <strong>of</strong> the final court decision establishing his or her property<br />
claim.<br />
3. An injured party who fails to report a property claim during the course <strong>of</strong> criminal<br />
proceedings may demand compensation from the confiscated material benefit if he or she<br />
has initiated civil litigation within three (3) months from the day when he or she found<br />
out about the judgment confiscating the material benefit and no longer than two (2) years<br />
from the day the judgment on the confiscation <strong>of</strong> the material benefit became final and if<br />
he or she demanded compensation from the confiscated material benefit within three (3)<br />
months from the day when the decision establishing his or her property claim became<br />
final.<br />
Article 99<br />
Confiscating material benefits from legal persons<br />
When a business organization or legal person has acquired a material benefit by the<br />
commission <strong>of</strong> a criminal <strong>of</strong>fense <strong>of</strong> a perpetrator, such material benefit shall be<br />
confiscated from the business organization or the legal person.<br />
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