26.06.2014 Views

Printable file (PDF) - Schoenherr

Printable file (PDF) - Schoenherr

Printable file (PDF) - Schoenherr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

kosovo<br />

What is the period of limitation in civil proceedings resulting<br />

from criminal offences?<br />

The period of limitation is three years from the moment the injured<br />

party gained knowledge of the damage or the liable party. In any<br />

case, the period of limitation ends five years after the day when<br />

the damage occurred. However, if the period of limitation in criminal<br />

proceedings is longer than the period of limitation in civil proceedings,<br />

the period of limitation in civil proceedings shall expire upon the<br />

expiration of the limitation period in the criminal proceedings.<br />

5. Miscellaneous<br />

Is management obliged to report offences committed within<br />

the corporation to the authorities?<br />

Under Article 304 of the Criminal Code, an official person or a responsible<br />

person who fails to report a criminal offence that they<br />

have discovered in the exercise of their duties shall be punished<br />

by imprisonment of up to three years, if such offence is punishable<br />

by imprisonment of at least three years and is prosecuted ex officio.<br />

The term “responsible person” means an individual in a business<br />

organisation or legal entity who because of their function or<br />

special authorisation is entrusted with duties that are related to the<br />

implementation of the law or other provisions issued on the basis<br />

of the law or the general rules of business organisations or other<br />

legal entities in managing or administering property, or are related<br />

to the management of production or other economic process or supervision<br />

of such process.<br />

64 www.schoenherr.eu

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

Saved successfully!

Ooh no, something went wrong!