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such person knew or should have known that the material benefit was acquired by the commission of a criminal offense. When the material benefit has been transferred to a member of the family the benefits shall be confiscated from the member of the family unless such member of the family proves that he or she gave compensation for the entire value. Article 98 Protection of injured parties 1. If property damages have been awarded to an injured party in criminal proceedings, the court shall order confiscation of the material benefit if it exceeds the amount of the property damages awarded to the injured party. 2. An injured party who, in the course of criminal proceedings has been instructed to initiate civil litigation with respect to his or her property claim, can request compensation from the confiscated material benefit. The injured party seeking compensation from the confiscated material benefit must commence civil litigation within six (6) months from the day of the final decision instructing him or her to initiate civil litigation and within three (3) months from the day of the final court decision establishing his or her property claim. 3. An injured party who fails to report a property claim during the course of criminal proceedings may demand compensation from the confiscated material benefit if he or she has initiated civil litigation within three (3) months from the day when he or she found out about the judgment confiscating the material benefit and no longer than two (2) years from the day the judgment on the confiscation of the material benefit became final and if he or she demanded compensation from the confiscated material benefit within three (3) months from the day when the decision establishing his or her property claim became final. Article 99 Confiscating material benefits from legal persons When a business organization or legal person has acquired a material benefit by the commission of a criminal offense of a perpetrator, such material benefit shall be confiscated from the business organization or the legal person. 44
CHAPTER VIII LEGAL CONSEQUENCES OF PUNISHMENT Article 100 Creation of the legal consequences of the punishment 1. Legal consequences of punishment may be foreseen only by law. 2. Legal consequences of the punishment cannot be created where a fine, suspended sentence or judicial admonition is imposed on the perpetrator or when the perpetrator is exempt from punishment. 3. Punishments for certain criminal offenses may have as a consequence cessation, loss of certain rights or prohibition of acquiring certain rights. Article 101 Commencement and duration of legal consequences of the punishment 1. Legal consequences of the punishment commence on the day when the court judgment becomes final. 2. Legal consequences of the punishment that are composed of the prohibition of acquiring certain rights may not be extended for more than ten (10) years from the day when the punishment was served, pardoned, or where the statute of limitation has elapsed, if for certain legal consequences the law does not prescribe shorter duration. 3. When the punishment is expunged the legal consequences of the punishment cease to exist. CHAPTER IX REHABILITATION AND DISCLOSURE OF INFORMATION FROM CRIMINAL RECORDS Article 102 Legal status of convicted persons after service, waiver or prescription 1. After a punishment of imprisonment has been served, subject to pardon or prescribed by statutory limitation, a convicted person who has made restitution shall exercise and acquire all the rights provided for in the Constitution and law unless otherwise provided in this Code. 45
Page 1 and 2: Republika e Kosovës Republika Koso
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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 and 42: Article 89 Mandatory psychiatric tr
Page 43 and 44: 1.2. the court determines that the
Page 45: motives for committing the criminal
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
Page 93 and 94: Article 173 Endangering internation
Page 95 and 96: 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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