Criminal Code of Kosovo - Legislationline

3. When the offense provided for in paragraph 1 of this Article is committed under one or
more of the following circumstances, the perpetrator shall be punished by imprisonment
of six (6) months to three (3) years:
3.1. the perpetrator was previously convicted of a criminal offense provided for in
this Article;
3.2. during the course of apprehension, the perpetrator flees, attempts to flee, or
otherwise resists apprehension by the police or KFOR;
3.3. the crossing is undertaken between the hours of 8:00 in the evening to 6:00 in
the morning during the period from 1 April to 30 September, or between the hours
of 6:00 in the evening to 6:00 in the morning during the period from 1 October to
31 March; or
3.4. the perpetrator is in possession of a weapon, ammunition or military clothing,
supplies or equipment.
4. An attempt to commit the offense provided for in paragraphs 1 or 2 of this Article shall
be punishable.
5. A person is not criminally liable under this Article for crossing at an unauthorized
border or boundary crossing point if the crossing occurred at a checkpoint that was
temporarily established by COMKFOR.
6. No criminal proceedings involving the offense provided for in this Article shall be
initiated or continued against any bona fide refugee or internally displaced person coming
from a territory where his or her life or body or fundamental freedoms or rights are
threatened, provided that he or she has presented himself or herself to the police or KFOR
within a reasonable time and shows good cause for crossing at an unauthorized border or
boundary crossing point.
Article 147
Inciting national, racial, religious or ethnic hatred, discord or intolerance
1. Whoever publicly incites or publicly spreads hatred, discord or intolerance between
national, racial, religious, ethnic or other such groups living in the Republic of Kosovo in
a manner which is likely to disturb public order shall be punished by a fine or by
imprisonment of up to five (5) years.
2. Whoever commits the offense provided for in paragraph 1 of this Article in a
systematic manner or by taking advantage of his or her position or authority or causes
disorder, violence, or other grave consequences by the commission of such offense shall
be punished by imprisonment from one (1) to eight (8) years.
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