Criminal Code of Kosovo - Legislationline

Article 15
Acts committed under coercion
1. An act committed under coercion is not a criminal offense.
2. An act is committed under coercion when a person, faced with imminent force, or
threat of violence endangering life, body or liberty which cannot otherwise be avoided,
commits an unlawful act to avert the danger from himself, herself or a person with whom
he or she has a domestic relationship. An act will only be considered to have been
committed under coercion if, when the danger ceases to exist, the person immediately
reports the coercion and the unlawful act to the competent authority.
3. An act is not committed under coercion if, and to the extent that, the perpetrator could
be expected under the circumstances to accept the danger, in particular because he or she
caused the danger or because he or she was under a legal obligation to face such
imminent force or threat of violence. In such circumstances the punishment may be
reduced.
Article 16
Superior order
1. When a criminal offense has been committed by a person pursuant to an order of a
government or of a superior, whether military or civilian, the perpetrator shall not be
exempt from criminal liability unless:
1.1. the person was under a legal obligation to obey such an order;
1.2. the person did not know that the order was unlawful; and
1.3. the order was not manifestly unlawful.
2. Orders to commit genocide or other crimes against humanity in all circumstances are
manifestly unlawful.
Article 17
Criminal liability
1. A perpetrator of a criminal offense is criminally liable if he or she is mentally
competent and has committed the criminal offense intentionally or negligently.
2. A person is criminally liable for the negligent commission of a criminal offense only
when this has been explicitly provided for by law.
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