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Criminal Code of Kosovo - Legislationline

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2.Whoever, in violation <strong>of</strong> international law including the European Convention <strong>of</strong><br />

Human Rights, for the purpose <strong>of</strong> committing the <strong>of</strong>fenses provided for in paragraph 1 <strong>of</strong><br />

this Article incites another person to renounce his or her freedom or brokers in the buying<br />

or selling <strong>of</strong> another person, shall be punished as provided for in paragraph 1. <strong>of</strong> this<br />

Article.<br />

3. When the <strong>of</strong>fense provided for in paragraph 1 or 2 <strong>of</strong> this Article is committed against<br />

a person with whom the perpetrator has a domestic relationship, the perpetrator shall be<br />

punished by imprisonment <strong>of</strong> three (3) to ten (10) years.<br />

4. When the <strong>of</strong>fense provided for in paragraph 1 or 2 <strong>of</strong> this Article is committed against<br />

a child, the perpetrator shall be punished by imprisonment <strong>of</strong> three (3) to fifteen (15)<br />

years.<br />

5. When the <strong>of</strong>fense provided for in this Article is committed by an <strong>of</strong>ficial person<br />

abusing his or her position or authorizations, the perpetrator shall be punished by<br />

imprisonment <strong>of</strong> five (5) to twelve (12) years in the case <strong>of</strong> the <strong>of</strong>fense provided for in<br />

paragraphs 1-3; or by imprisonment <strong>of</strong> five (5) to twenty years (20) in the case <strong>of</strong> the<br />

<strong>of</strong>fense provided for in paragraph 4 <strong>of</strong> this Article.<br />

Article 170<br />

Smuggling <strong>of</strong> migrants<br />

1. Whoever engages in the smuggling <strong>of</strong> migrants shall be punished by fine and<br />

imprisonment <strong>of</strong> two (2) to ten (10) years.<br />

2. Whoever with the intent to obtain, directly or indirectly, a financial or other material<br />

benefit, produces, supplies, provides or possesses a fraudulent travel or identity document<br />

in order to enable the smuggling <strong>of</strong> migrants shall be punished by a fine and<br />

imprisonment <strong>of</strong> up to five (5) years.<br />

3. Whoever enables a person who is not a national <strong>of</strong> the Republic <strong>of</strong> <strong>Kosovo</strong> to remain<br />

in the Republic <strong>of</strong> <strong>Kosovo</strong> or a person who is not a national or a permanent resident to<br />

remain in the State concerned, without complying with the necessary legal requirements<br />

to remain by the means provided for in paragraph 2 <strong>of</strong> this Article or by any other illegal<br />

means shall be punished by a fine and imprisonment <strong>of</strong> up to one (1) year.<br />

4. An attempt to commit the <strong>of</strong>fense provided for in paragraph 3 <strong>of</strong> this Article shall be<br />

punishable.<br />

5. Whoever organizes or directs other persons to commit the <strong>of</strong>fense provided for in<br />

paragraph 1 or 2 shall be punished by a fine <strong>of</strong> up to five hundred thousand (500,000)<br />

EUR and by imprisonment <strong>of</strong> seven (7) to twenty (20) years, or by imprisonment <strong>of</strong> one<br />

(1) to ten (10) years, in case <strong>of</strong> the <strong>of</strong>fense provided for in paragraph 3 <strong>of</strong> this Article.<br />

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