19.07.2013 Views

Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

Criminal Code of Kosovo - Legislationline

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Article 8<br />

Manner <strong>of</strong> commission <strong>of</strong> criminal <strong>of</strong>fenses<br />

1. A criminal <strong>of</strong>fense may be committed by an act or omission.<br />

2. A criminal <strong>of</strong>fense is committed by omission only when the perpetrator was obliged to<br />

undertake an act but fails to do so.<br />

Article 9<br />

Time <strong>of</strong> commission <strong>of</strong> criminal <strong>of</strong>fenses<br />

A criminal <strong>of</strong>fense is committed at the time the perpetrator acted or ought to have acted,<br />

irrespective <strong>of</strong> when the consequence occurred.<br />

Article 10<br />

Location <strong>of</strong> commission <strong>of</strong> criminal <strong>of</strong>fenses<br />

1. A criminal <strong>of</strong>fense is committed at the location where the perpetrator acted or ought to<br />

have acted, as well as at the location where the consequence occurred.<br />

2. A criminal <strong>of</strong>fense is attempted at the location where the perpetrator acted, as well as<br />

at the location where the perpetrator intended the consequence to occur.<br />

Article 11<br />

Act <strong>of</strong> minor significance<br />

An act shall not constitute a criminal <strong>of</strong>fense even though it has the characteristics <strong>of</strong> a<br />

criminal <strong>of</strong>fense as defined by law if it is an act <strong>of</strong> minor significance. The act shall be<br />

deemed to be <strong>of</strong> minor significance when the danger involved is insignificant due to the<br />

nature or gravity <strong>of</strong> the act; the absence or insignificance <strong>of</strong> intended consequences; the<br />

circumstances in which the act was committed; the low degree <strong>of</strong> criminal liability <strong>of</strong> the<br />

perpetrator; or, the personal circumstances <strong>of</strong> the perpetrator.<br />

Article 12<br />

Necessary defense<br />

1. An act committed in necessary defense is not a criminal <strong>of</strong>fense.<br />

2. An act is committed in necessary defense when a person commits the act to avert an<br />

unlawful, real and imminent attack against himself, herself or another person and the<br />

nature <strong>of</strong> the act is proportionate to the degree <strong>of</strong> danger posed by the attack.<br />

4

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!