PART ONE GENERAL PROVISIONS
CHAPTER VI THE INJURED PARTY OR VICTIM
Article 63
Rights of the Injured Party or Victim
1. The injured party or victim shall have the following rights:
1.1. the injured party or victim shall be treated in a respectful, sensitive, tailored,
professional and non-discriminatory manner by the police, state prosecutors, judges or
other body conducting the criminal proceedings;
1.2. if an injured party or victim of a crime can be identified, the police and state prosecutor
or other body conducting the criminal proceedings shall contact the injured party or victim
in a reasonable manner and inform him that he is an injured party;
1.3. when identified, the injured party or victim has the right to receive information,
without unnecessary delay, from his first contact with the police, state prosecutor or other
competent body conducting the proceedings, depending on the personal characteristics
of the victim, his specific needs, the type or nature of the criminal offence and the
circumstances of the criminal offence:
1.3.1. the type of support he can obtain including, where relevant, basic
information about access to medical support, psychological support, alternative
accommodation and any specific provisions as provided for in this Code or the law
following an individual assessment by the police, the state prosecutor, the judge or
other body conducting the criminal proceedings. The individual assessment shall
take into account the type or nature of the crime and the circumstances of the
crime;
1.3.2. the procedures for filing a motion with regard to a criminal offence and his
role in connection with such procedure;
1.3.3. how and under what conditions he can obtain protection, including protection
measures;
1.3.4. how and under what conditions he can access legal advice, legal aid and
any other sort of advice;
1.3.5. how and under what conditions he can access compensation;
1.3.6. how and under what conditions he is entitled to interpretation and translation;
1.3.7. if he is a foreign national, he has the right to notify or to have notified
and to communicate with the embassy, liaison office or the diplomatic mission
of the state of which he is a national or with the representative of a competent
international organization, if he is a refugee or is otherwise under the protection of
an international organization;
1.3.8. the available procedures for making complaints where his rights are not
respected by the police, state prosecutor or other competent body conducting the
proceedings;
1.3.9. the contact details for communication about his case;
1.3.10. the available restorative justice services; and
1.3.11. how and under what conditions expenses incurred as a result of his
participation in the criminal proceedings can be reimbursed.
1.4. the injured party or victim who is a victim of terrorism, organized crime, human
trafficking, gender-based violence, violence in a domestic relationship, sexual violence,
exploitation or discrimination and victim who have suffered considerable harm due to
the severity of the criminal offense as well as victims with disabilities and those who are
particularly vulnerable, shall be duly considered;
1.5. the injured party or victim has the right to be assisted to understand and to be
understood from the first contact with the police or other competent authority conducting
the proceedings and during any further necessary interaction he has with the police or
competent authority during the conduct of the criminal proceedings;
1.6. the injured party or victim may be accompanied by a person of his choice in the
first contact with the police, state prosecutor or other body conducting the proceedings
where, due to the impact of the crime, the victim requires assistance to understand or to
be understood;
1.7. the injured party or victim has the status of a party to the criminal proceeding;
1.8. the injured party or victim may be heard by the police, the state prosecutor or other
body conducting the criminal proceedings and provide evidence;
1.9. the injured party or victim shall have the right to receive information about the criminal
proceedings with regard to a criminal offense in relation to: any decision not to proceed
with or to end an investigation or not to prosecute the suspect or defendant with the
reasons why so, except in cases where the reasons are confidential or, alternatively, the
filing of an indictment against the defendant, the nature of the charges brought against
the defendant, the time and place of the main trial and the judgment of a court. The
police, the state prosecutor, the competent judge or other body conducting the criminal
proceedings, or correctional service, shall inform the injured party or victim, without delay,
when the person in detention on remand or serving a sentence for criminal offenses
concerning the injured party or victim, is released from or has escaped detention;
1.10. the injured party or victim has the right to receive information and communicate with
the police, state prosecutors, judges or other body conducting the criminal proceedings
in a simple and accessible language, orally or in writing. Such communication shall take
into account the personal characteristics of the injured party including any disability which
may affect the ability to understand or to be understood;
1.11. the injured party or victim has the right to choose whether to receive information
and communication or not, unless that information or communication must be provided
due to the rights of the victim to participate in the criminal proceedings. The injured party
or victim has the right to change his wish regarding the service of such information or
communication;
1.12. the injured party or victim is entitled to the rights provided in Article 14 of this Code
and, upon request, to the right of interpretation free of charge during any interviews or
questioning of the injured party and during court hearings if the injured party participates
in the criminal proceedings;
1.13. the injured party or victim, if he does not understand or speak the language of the
proceedings, is entitled to file a motion and complaint in a language that he understands
or by receiving the necessary linguistic assistance;
1.14. the injured party or victims shall, if he does not understand or speak the language
of the proceedings, receive translation, free of charge, of the written acknowledgment of
his motion or complaint filed, if they so request, and of the information essential to the
exercise of his rights in the criminal proceedings in a language that he understands. An
oral translation may be provided instead of a written translation if it does not prejudice the
fairness of the proceedings;
1.15. the injured party or victim has the right to legal representation and legal aid;
1.16. the injured party or victim has the right to compensation and reimbursement of
expenses incurred as a result of his participation in the criminal proceedings;
1.17. the injured party or victim has the right to request protection, including protection
measures as provided in this Code;
1.18. the injured party or victim has the right to access victim support services, including
the Victim Protection and Assistance Office;
1.19. the injured party or victim has the right to a reasonable, court-ordered restitution
from a defendant or defendants who have admitted to or been adjudged to be guilty
for the financial, physical and emotional harm caused by the commission of a criminal
offense for which the defendant or defendants have been adjudged guilty;
1.20. when court-ordered restitution from the defendant is not possible, the injured party
or victim has the right to claim compensation from the Crime Victim Compensation
Program;
1.21. a victim of gender based violence shall be enabled to avoid direct contact with the
defendant anytime when that is possible during the proceedings in the police, prosecution
or the court.
Article 64
Representatives of the Injured Party or of the victim
1. The injured party or victim may be represented by a representative who shall be a member
of the bar of Kosovo.
2. The injured party or victim may be represented by a victim advocate.
3. The injured party or victim may represent himself or herself.
4. The injured party or victim shall not be represented simultaneously by both representatives
under paragraphs 1. and 2. of this Article.
5. The victim advocate or victim’s representative is empowered to inform the injured party or
victim of his rights, represent the interests of the injured party or victim with the state prosecutor
and the court, assist the injured party or victim in claiming restitution and/or compensation for
damage and, when necessary, refer the injured party or victims to other service providers. The
victim advocate or victim’s representative acts on behalf of the injured party or victim when
necessary and appropriate to stop the violation of the injured party’s or victim’s rights and to
request action to guarantee his protection.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
C. TAKING PRE-INDICTMENT EVIDENCE
Article 127
General Requirements of Pretrial Interviews, Pretrial Testimony or Special Investigative
Opportunity
5. A person who has not reached the age of eighteen (18) years, or any person who is a victim of
a violent crime, especially if that person has suffered damage from the criminal offense, shall be
examined considerately to avoid producing a harmful effect on his state of mind. If necessary,
a child psychologist or child counselor or some other professional expert should be called to
assist in the examination of such person.
6. An interview of an injured party or victim shall be conducted without unjustified delay by the
police, state prosecutor, or any other bodies conducting the criminal proceedings. The injured
party or victim may be accompanied by a victim advocate or his representative during the
interview.
7. The interviews of a victim or an injured party shall be kept to a minimum and carried out only
when strictly necessary for the purposes of the criminal prosecution.
8. When a person is a victim of a criminal offense of a sexual nature or violence in a domestic
relationship, the interview shall take place with a person of the same sex if requested by the
victim and if such request will not adversely affect the criminal investigation.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
C. TAKING PRE-INDICTMENT EVIDENCE
Article 142
Examination of Bodily Injuries and Physical Examination
4. The physical examination performed on a victim or injured party shall be kept to a minimum
and carried out only where strictly necessary for the purposes of the criminal proceedings.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER I PREPARATION FOR THE MAIN TRIAL
Article 281
Venue of Main Trial
6. During the main trial held through virtual platforms, the single trial judge or trial panel, the
state prosecutor and the defense counsel appear from their respective offices. The defendant,
the injured party or victim, victim advocate or victim’s representative, the witnesses and other
participants appear from a location chosen by them. Exceptionally, if the state prosecutor or
the defense counsel are unable to be present physically in their respective offices for objective
reasons, the single trial judge or the presiding trial judge may permit them to appear from
another location. Nothing in this paragraph prevents the defense counsel and the defendant
from being physically present in the same location.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER XI RULES RELATING TO WITNESSES
Article 337
Measures to Facilitate the Examination of Witnesses or Victims Related to the Weight
of the Criminal Offense
1. Upon the request of the witness or injured party or victim or victim advocate or victim’s
representative, the trial panel may order the following measures for the examination in the
main trial of a witness or victim or injured party of a criminal offense, including but not limited
to criminal offenses listed under Chapters XV and XX of the Criminal Code, taking into account
the weight of the criminal offense and if the Court is satisfied that such measure facilitates the
testimony of the witness or victim:
1.1. testifying at the closed sessions to the public; and
1.2. testifying during the contemporaneous examination in another place communicated
to the courtroom by means of closed-circuit television.
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.
1. Victims participating in the proceedings in accordance with rules 89 to 91 of the Rules of Procedure and Evidence shall enjoy the following privileges, immunities and facilities to the extent necessary for their appearance before the Court, including the time spent on journeys in connection with their appearance before the Court, subject to the production of the document referred to in paragraph 2 of this article:
(a) Immunity from personal arrest or detention;
(b) Immunity from seizure of their personal baggage unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the State Party concerned;
(c) Immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the course of their appearance before the Court, which immunity shall continue to be accorded even after their appearance before the Court;
(d) Exemption from immigration restrictions or alien registration when they travel to and from the Court for purposes of their appearance.
2. Victims participating in the proceedings in accordance with rules 89 to 91 of the Rules of Procedure and Evidence who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article shall be provided by the Court with a document certifying their participation in the proceedings of the Court and specifying a time period for that participation.