SEEU Review vol. 6 Nr. 2 (pdf) - South East European University

SEEU Review Volume 6, No. 2, 2010upon the completion of investigation procedure, has forwarded the cases tothe competent designated public prosecutions. The Kosovo Anti CorruptionAgency, during the period 2009, has forwarded to the competent publicprosecutions in Kosovo and EULEX prosecutions total 68 information,respectively 38,8% of all received cases with suspicion of corruption.According to Anti-corruption Kosovo Agency Annual Report for 2009, thestructure of criminal actions pursuant to the Criminal Code of Kosovo,related to which the information are forwarded to the competent publicprosecutions are as follow: Misuse of economic authorizations (article 236),Entering into harmful contracts (article 237), Abusing official position orauthority (article 339), Misappropriation in office (article 340), Acceptingbribes (article 343); and Falsifying official documents (article 348).Therefore, as it is noticed, these criminal actions are mainly foreseen in thechapter of criminal actions, against the official duty and the chapter ofcriminal actions against economy, as chapters of the Criminal Code ofKosovo, where a wider opportunity is available for commission of corruptiveactions.Criminal Code of Kosovo and Criminal Procedure Code of KosovoCriminal Code of Kosovo. The Criminal Code of Kosovo, which waspromulgated with UNMIK Regulation No.2003/25 and entered into force on6 April 2004, whereby numerous principal solutions are approved, institutesand incriminations from the criminal codes of developed European countriesand conventions and other international relevant acts, foresee provisionsrelated to the prevention and combating corruption. These provisions aremainly available in the special part of this Code, and are related toincrimination of various corruptive actions perpetrated by official persons.Pursuant to provisions of this code, the term “official person” means: 1. Aperson elected or appointed to a public entity; 2. An authorized person on abusiness organization or other legal person, who by law or by otherprovision issued in accordance with the law, exercises public authority, andwho within this authority exercises specific duties; 3. A person whoexercises specific duties, based on authorization provided for by law; 4.Aperson who is a member of UNMIK personnel or KFOR, without prejudiceto the applicable privileges and immunities accorded to such person; 5. Aperson who is a member of a liaison offices in Kosovo; 6. A person in apublic international or supranational organization who is recognized as anofficial or other contracted employee within the meaning of the staffregulations of such organizations; 7. A judge, prosecutor or other official in69