Criminal Code of Kosovo - Legislationline

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Article 8 Manner of commission of criminal offenses 1. A criminal offense may be committed by an act or omission. 2. A criminal offense is committed by omission only when the perpetrator was obliged to undertake an act but fails to do so. Article 9 Time of commission of criminal offenses A criminal offense is committed at the time the perpetrator acted or ought to have acted, irrespective of when the consequence occurred. Article 10 Location of commission of criminal offenses 1. A criminal offense is committed at the location where the perpetrator acted or ought to have acted, as well as at the location where the consequence occurred. 2. A criminal offense is attempted at the location where the perpetrator acted, as well as at the location where the perpetrator intended the consequence to occur. Article 11 Act of minor significance An act shall not constitute a criminal offense even though it has the characteristics of a criminal offense as defined by law if it is an act of minor significance. The act shall be deemed to be of minor significance when the danger involved is insignificant due to the nature or gravity of the act; the absence or insignificance of intended consequences; the circumstances in which the act was committed; the low degree of criminal liability of the perpetrator; or, the personal circumstances of the perpetrator. Article 12 Necessary defense 1. An act committed in necessary defense is not a criminal offense. 2. An act is committed in necessary defense when a person commits the act to avert an unlawful, real and imminent attack against himself, herself or another person and the nature of the act is proportionate to the degree of danger posed by the attack. 4
3. An act that is disproportionate to the degree of danger posed by an attack exceeds the limits of the necessary defense. 4. When the perpetrator exceeds the limits of necessary defense, the punishment may be reduced. When the perpetrator exceeds the limits by reason of strong trauma or fear caused by the attack, the punishment may be waived. Article 13 Extreme necessity 1. An act committed in extreme necessity is not a criminal offense. 2. An act is committed in extreme necessity when a person commits the act to avert an imminent and unprovoked danger from himself, herself or another person which could not have otherwise been averted, provided that the harm created to avert the danger does not exceed the harm threatened. 3. When the perpetrator caused the danger through negligence, or exceeds the limits of extreme necessity, the punishment may be reduced. When the perpetrator exceeds the limits in exceptionally mitigating circumstances, the punishment may be waived. 4. There is no extreme necessity if the perpetrator was obliged by law to expose himself or herself to the danger. Article 14 Violence or threat 1. An act committed under the influence of unbearable violence or unbearable threat is not a criminal offense. An act will only be considered to have been committed under influence of unbearable violence or unbearable threat if, when the danger ceases to exist, the person immediately reports the influence of unbearable violence or unbearable threat and the unlawful act to the competent authority. 2. If the criminal offense is committed under the influence of a bearable violence or bearable threat the punishment may be reduced. An act will only be considered to have been committed under influence of bearable violence or bearable threat if, when the danger ceases to exist, the person immediately reports the influence of unbearable violence or unbearable threat and the unlawful act to the competent authority. 3. Whoever uses the violence or threat as provided for in paragraph 1 and 2 of this Article, is considered a perpetrator of a criminal offense. 5
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Page 5: 1.4. judicial admonition. 2. The me
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 and 46: motives for committing the criminal
Page 47 and 48: CHAPTER VIII LEGAL CONSEQUENCES OF
Page 49 and 50: 3. A punishment of imprisonment of
Page 51 and 52: 2. In the case of an offense commit
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Page 55 and 56: Article 116 Applicability of crimin
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3.3. any person exercising a public
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grandparents, children, grandchildr
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38.12. decorative weapons; 38.13. i
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1.3. The Prime Minister of the Repu
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Article 133 Aggravated offenses aga
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1.14. endangering civil aviation sa
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Article 140 Training for terrorism
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3. When the offense provided for in
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1.3. enslavement; 1.4. deportation
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2.2. torture or inhuman treatment,
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2.14. declaring abolished, suspende
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2.4. the passing of sentences and t
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nature to strike military objective
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Article 159 Endangering negotiators
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3. Whoever intentionally deprives a
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2.Whoever, in violation of internat
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10.2 the perpetrator of this offens
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Article 173 Endangering internation
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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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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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