Keyword

Fair trial standards

Kosovo

Kosovo - Constitution 2008 (2016) EN

''Chapter II: Fundamental Rights and Freedoms, Article 29: Right to Liberty and Security''

1. Everyone is guaranteed the right to liberty and security. No one shall be deprived of liberty except in the cases foreseen by law and after a decision of a competent court as follows:

(1).pursuant to a sentence of imprisonment for committing a criminal act;

(2).for reasonable suspicion of having committed a criminal act, only when deprivation of liberty is reasonably considered necessary to prevent commission of another criminal act, and only for a limited time before trial as provided by law;

(3)for the purpose of educational supervision of a minor or for the purpose of bringing the minor before a competent institution in accordance with a lawful order;

(4). for the purpose of medical supervision of a person who because of disease represents a danger to society;

(5). for illegal entry into the Republic of Kosovo or pursuant to a lawful order of expulsion or extradition.

2.. Everyone who is deprived of liberty shall be promptly informed, in a language he/she understands, of the reasons of deprivation. The written notice on the reasons of deprivation shall be provided as soon as possible. Everyone who is deprived of liberty without a court order shall be brought within forty-eight (48) hours before a judge who decides on her/his detention or release not later than forty-eight (48) hours from the moment the detained person is brought before the court. Everyone who is arrested shall be entitled to trial within a reasonable time and to release pending trial, unless the judge concludes that the person is a danger to the community or presents a substantial risk of fleeing before trial.

3.Everyone who is deprived of liberty shall be promptly informed of his/her right not to make any statements, right to defense counsel of her/his choosing, and the right to promptly communicate with a person of his/her choosing.

4.Everyone who is deprived of liberty by arrest or detention enjoys the right to use legal remedies to challenge the lawfulness of the arrest or detention. The case shall be speedily decided by a court and release shall be ordered if the arrest or detention is determined to be unlawful.

5.Everyone who has been detained or arrested in contradiction with the provisions of this article has a right to compensation in a manner provided by law.

6.An individual who is sentenced has the right to challenge the conditions of detention in a manner provided by law.

''Chapter II: Fundamental Rights and Freedoms, Article 30: Rights of the Accused ''

Everyone charged with a criminal offense shall enjoy the following minimum rights:

1.to be promptly informed, in a language that she/he understands, of the nature and cause of the accusation against him/her;

2.to be promptly informed of her/his rights according to law;

3.to have adequate time, facilities and remedies for the preparation of his/her

defense;

4.to have free assistance of an interpreter if she/he cannot understand or speak the language used in court;

5.to have assistance of legal counsel of his/her choosing, to freely communicate with counsel and if she/he does not have sufficient means, to be provided free counsel;

6.to not be forced to testify against oneself or admit one's guilt.

''Chapter II: Fundamental Rights and Freedoms, Article 31: Right to Fair and Impartial Trial''

1.Everyone shall be guaranteed equal protection of rights in the proceedings before courts, other state authorities and holders of public powers.

2.Everyone is entitled to a fair and impartial public hearing as to the determination of one's rights and obligations or as to any criminal charges within a reasonable time by an independent and impartial tribunal established by law.

3.Trials shall be open to the public except in limited circumstances in which the court determines that in the interest of justice the public or the media should be excluded because their presence would endanger public order, national security, the interests of minors or the privacy of parties in the process in accordance with law.

4.Everyone charged with a criminal offense has the right to examine witnesses and to obtain the obligatory attendance of witnesses, experts and other persons who may clarify the evidence.

5.Everyone charged with a criminal offense is presumed innocent until proven guilty according to law.

6.Free legal assistance shall be provided to those without sufficient financial means if such assistance is necessary to ensure effective access to justice.

7.Judicial proceedings involving minors shall be regulated by law respecting special rules and procedures for juveniles.

Kosovo - Criminal Procedure Code (2022)

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 3
Presumption of Innocence of Defendant and In Dubio Pro Reo
1. Any person suspected or charged with a criminal offense shall be deemed innocent until his
guilt has been established by a final judgment of the court.
2. Doubts regarding the existence of facts relevant to the case or doubts regarding the
implementation of a certain criminal law provision shall be interpreted in favor of the defendant
and his rights under the present Code and the Constitution of the Republic of Kosovo.
Article 4
Ne Bis in Idem
1. No one may be prosecuted and convicted of a criminal offense for which he has been
acquitted or for which he has been convicted by a final court decision, respectively if the criminal
proceedings against him have been terminated by a final decision of a court or the indictment
has been rejected by a final court decision.
2. A final decision of a court may be reversed through extraordinary legal remedies, except
when otherwise provided by this Code.
3. Articles 1 and 2 of the Criminal Code shall be applied mutatis mutandis.
Article 5
Right to Fair and Impartial Trial within a Reasonable Time
1. Any suspected or accused person shall be guaranteed a fair and impartial trial.
2. The court shall be bound to carry out proceedings without delay and to prevent any abuse of
the rights of the participants in proceedings.
3. Any deprivation of liberty and in particular detention on remand in criminal proceedings shall
be reduced to the shortest time possible.
4. Anyone who is deprived of liberty by arrest shall be promptly informed, in a language he
understands, of the reasons for the deprivation of liberty. Everyone who is deprived of liberty
without a court order shall be brought before a judge of the Basic Court in the jurisdiction of
arrest within forty-eight (48) hours. That judge shall decide on his detention in accordance with
Chapter X of this Code.
Article 6
Initial Actions and Initiation of Criminal Proceedings
1. Initial actions of the police may be initiated by a police officer pursuant to Articles 70-78 and
82-83 of this Code.
2. Criminal proceedings shall only be initiated upon the decision of a state prosecutor when
reasonable suspicion exists that a criminal offense has been committed or when a direct
indictment has been filed under the provisions of this Code.
3. A state prosecutor may initiate a criminal proceeding in accordance with paragraph 2. of this
Article upon receiving information from the police, the other public institution, private institution,
member of the public, media, from information obtained from another criminal proceeding, upon
the filing of complaint or motion of an injured party or victim.
Article 7
General Duty to Establish a Full and Accurate Facts
1. The court, the state prosecutor and the police participating in criminal proceedings are
obligated to truthfully and completely establish the facts which are important for rendering a lawful decision.
2. Subject to the provisions contained in this Code, the court, the state prosecutor and the police participating in the criminal proceedings have a duty to examine carefully and with maximum professional devotion and to establish with equal attention the facts against the defendant as well
as those in his favor, and to make available to the defense all the facts and pieces of evidence,
which are in favor of the defendant, before the beginning of and during the proceedings.
Article 8
Principle of Judicial Independence
1. The court shall be independent in its work and shall render decisions in conformity with the
Constitution and the law.
2. The court renders its decision on the basis of the evidence examined and verified in the main
trial.
Article 9
Equality of Parties
1. The defendant and the state prosecutor shall have the status of equal parties in criminal proceedings, unless otherwise provided for by this Code .
2. The defendant has the right and shall be allowed to make a statement on all the facts and
evidence which incriminate him and to state all facts and evidence favorable to him. He has
the right to request the state prosecutor to summon witnesses on his behalf. He has the right
to examine or to have examined witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses against him.
3. The injured party or victim has the right and shall be allowed to make a statement on all the
facts and evidences, he has the right to examine witnesses, expert and to request the state
prosecutor to summon witnesses.
4. If the state prosecutor determines that sufficient evidence was collected during the investigation
to support well-grounded suspicion to proceed to the main trial, the state prosecutor shall draft
the indictment and shall present the facts on which he bases the indictment, and shall provide
evidence of these facts.
Article 10
Notification on the Reasons for the Charges, the Privilege against Self-incrimination
and Prohibition against Forced Confession
1. At his arrest and during the first examination, first appearance or first notification that he is a
defendant in the criminal proceedings, the defendant shall be promptly informed in a language
that he understands and, in detail, of the nature and reasons for the charge against him.
2. At his arrest and during the first examination, first appearance or first notification that he
is a defendant in the criminal proceedings or anytime during the criminal proceedings, the
defendant shall not be obliged to plead his case or to answer any questions and, if he pleads
his case, he shall not be obliged to incriminate himself or his next of kin nor to confess guilt. This
right is not implicated when a defendant has voluntarily entered into an agreement to cooperate
with the state prosecutor.
3. The defendant or any other participant in the proceedings shall be prohibited and punished
according to the law in force to impose a confession of guilt or any other statement by the use
of torture, force, threat or under the influence of drugs, or other similar measures.
Article 11
Adequacy of Defense
1. The defendant shall have the right to have adequate time and facilities for the preparation of
his defense.
2. The defendant shall have the right to defend himself in person or through legal assistance by
a member of the Kosovo Bar Association of his own choice.
3. Subject to the provisions of this Code, if the defendant does not engage a defense counsel in
order to provide for his defense and if defense is mandatory, an independent defense counsel
having the experience and competence commensurate with the nature of the offense, shall be
appointed for the defendant.
4. Under the conditions provided by this Code, if the defendant has insufficient means to pay
for legal assistance and for this reason cannot engage a defense counsel, an independent
defense counsel having the experience and competence commensurate with the nature of the
offense, shall be appointed for the defendant on his request and paid from budgetary resources
if required by the interests of justice.
5. At the first examination, first appearance or first notification that he is a defendant in the
criminal proceedings, the court or other competent authority conducting criminal proceedings
shall inform the defendant of his right to a defense counsel, as provided for by this Code.
6. In accordance with the provisions of this Code, any person deprived of liberty shall have the
right to the services of a defense counsel from the moment of arrest.
Article 12
Legality of Deprivation of Liberty and Expedited Proceedings
1. No one shall be deprived or restricted of his liberty, save in such cases and in accordance
with such proceedings as are prescribed by the law.
2. Any person deprived of his liberty by arrest or detention shall be entitled under the procedures
provided by this Code to challenge the lawfulness of his arrest or detention which shall be
decided speedily by a court and order his release if the detention is not lawful.
Article 13
Rights of Persons Deprived of Liberty
1. Any person deprived of liberty shall be informed promptly, in a language which he or she
understands, of:
1.1. the reasons for his or her arrest;
1.2. the right to legal assistance of his own choice; and
1.3. the right to notify or to have notified a family member or another appropriate person
of his choice about the arrest.
2. A person deprived of liberty under the suspicion of having committed a criminal offense shall
be brought before a judge promptly and at the latest within forty-eight (48) hours of the arrest
and shall be entitled to a trial within a reasonable time or to release pending trial.
3. A person deprived of liberty enjoys the rights provided for in this Article throughout the time
of the deprivation of liberty. These rights can only be waived if waiver is made in writing after
having been informed about his rights and voluntary manner. The exercise of these rights
depends neither on the possible previous decision of the person to waive certain rights, nor on
the time when he was notified about these rights.
Article 14
Languages and Writing
1. The languages and scripts which may be used in criminal proceedings shall be Albanian and
Serbian, unless otherwise provided by law.
2. Any person participating in criminal proceedings who does not speak or understand the
language of the proceedings shall have the right to speak his own language and the right to be
informed through interpretation, free of charge, of the evidence, the facts and the proceedings.
Interpretation shall be of a quality sufficient to safeguard the fairness of the proceedings and
shall be provided by an independent interpreter.
3. A defendant who does not speak or understand the language of the proceedings shall
have the right to interpretation of quality sufficient to ensure the safeguard the fairness of the
proceedings and especially to ensure that he has knowledge of the case against him and is able
to exercise his right of defense.
4. A defendant who does not speak or understand the language of the proceedings shall have
the right to interpretation for communication with his defense counsel, if he does not speak or
understand the language of the defendant:
4.1. when the defendant is being examined;
4.2. during any court hearing; or
4.3. when filing written submissions or an appeal.
5. A person referred to in paragraphs 2., 3. and 4. of this Article shall be informed of his right to
interpretation. He may waive this right if he knows the language in which the proceedings are
conducted. If the person is a defendant, such waiver shall be obtained after he has obtained
prior legal advice or has otherwise obtained full knowledge of the consequences of such a
waiver and that the waiver was unequivocal and given voluntarily. The notification on this right
and the statement of the participant or defendant shall be entered in the record.
6. A person referred to in paragraphs 2., 3. and 4. of this Article has the right to request the
competent judge or other body conducting the criminal proceedings for new interpretation if the
quality of the interpretation is not sufficient to safeguard the fairness of the proceedings.
7. Pleadings, appeals and other submissions may be served on the court in Albanian or Serbian,
unless otherwise provided by law.
8. The defendant and a person serving a sentence who does not understand the language
of the proceedings shall be provided, within a reasonable period of time, a translation of the
summonses, decisions and submissions, in whole or in part, depending on whether they
are relevant for the purposes of enabling a defendant or person serving a sentence to have
knowledge of the case against him, in the language which he uses in the proceedings or other
documents which are essential to ensure that he is able to exercise his right of defense and
to safeguard the fairness of the proceedings. Essential documents shall include any decision
depriving a person of his liberty, any charge of indictment and any judgment.
9. An oral translation or oral summary of the essential documents listed in paragraph 8. of this
Article may be provided instead of a written translation if such oral translation or summary does
not prejudice the fairness of the proceedings.
10. A defendant shall have the right to appeal the decision denying interpretation or translation.
11. A foreign national in detention on remand may serve on the court submissions in a language
that he understands before, during and after the main.

PART ONE GENERAL PROVISIONS
CHAPTER II JURISDICTION OF COURTS
SUB-CHAPTER I SUBJECT MATTER JURISDICTION AND THE COMPOSITION OF THE COURT
Article 27
Procedure for Minors
The procedure when the perpetrators are minors, or when minors are victims or witnesses shall
be governed by the relevant Juvenile Justice Code or the relevant law.

PART ONE GENERAL PROVISIONS
CHAPTER IV THE STATE PROSECUTOR
Article 47
Duty of State Prosecutor towards Defendant
The state prosecutor has a duty to consider inculpatory as well as exculpatory evidence and
facts during the investigation of criminal offenses and to ensure that the investigation is carried
out with full respect for the rights of the defendant and that evidence is collected in compliance
with the provisions of this Code.

PART ONE GENERAL PROVISIONS
CHAPTER V DEFENSE COUNSEL
Article 52
Defendant’s Right to Defense Counsel
1. The suspect and the defendant have the right to be assisted by a defense counsel during all
stages of the criminal proceedings.
2. Before every examination of the suspect or the defendant, the police or other competent
authority, the state prosecutor, the pretrial judge, the single trial judge or the presiding trial judge
shall instruct the suspect or the defendant that he has the right to engage a defense counsel
and that a defense counsel can be present during the examination.
3. Where there is no mandatory defense, the right to the assistance of a defense counsel may
be waived, if such waiver is made following clear and complete information on his right to the
defense being provided. A waiver must be in writing and signed by the suspect or the defendant
and the witnessing competent authority conducting the proceedings, or made orally on video or
audio-tape, which is determined to be authentic by the court.
4. Persons under the age of eighteen (18) may not waive the right to the assistance of defense
counsel.
5. Persons who display signs of mental disorder or disability may not waive their right to the
assistance of defense counsel.
6. If a suspect or defendant who has made a waiver subsequently reasserts the right to the
assistance of defense counsel, he or she may immediately exercise the right.
7. If the suspect or the defendant does not engage a defense counsel on his own, his legal
representative, spouse, extramarital partner, blood relation in a direct line, adoptive parent,
adopted child, brother, sister or foster parent may engage defense counsel for him, but not
against his will.

PART ONE GENERAL PROVISIONS
CHAPTER V DEFENSE COUNSEL
Article 54
Limits of Representation by Defense Counsel
2. A defendant may have up to three (3) defense counsel, and it shall be considered that the
right to defense shall be considered satisfied if one of the defense counsel is participating in the
proceedings.

PART ONE GENERAL PROVISIONS
CHAPTER V DEFENSE COUNSEL
Article 56
Mandatory Defense
1. The defendant must have a defense counsel in the following cases of mandatory defense:
1.1. from the first examination, until the conclusion of the criminal proceedings with a
final decision, when the defendant is mute, deaf, or displays signs of mental disorder or
disability and is therefore incapable of effectively defending himself;
1.2. at arrest, hearings on detention on remand and throughout the time when he is in
detention on remand;
1.3. from the moment of the first examination for a criminal offense punishable by
imprisonment of at least five (5) years;
1.4. for proceedings under extraordinary legal remedies when the defendant is mute, deaf,
or displays signs of mental disorder or disability or a punishment of life long imprisonment
has been imposed;
1.5. in all cases when a defendant seeks to enter an agreement to plead guilty; or
1.6. in all cases where the defendant is tried in absentia pursuant to Article 303 of this
Code.
2. In a case of mandatory defense, if the defendant does not engage a defense counsel and
no one engages a defense counsel on his behalf under Article 52, paragraph 7. of this Code,
the competent judge or other competent authority conducting the proceedings, shall appoint ex
officio a defense counsel at public expense. If a defense counsel is appointed ex officio from
the moment of the first examination, the defendant shall be informed of this at the same time as
the indictment is served.
3. In a case of mandatory defense, if the defendant remains without a defense counsel in the
course of the proceedings and if he fails to obtain another defense counsel, the competent
judge or other competent authority conducting the proceedings shall appoint ex officio a new
defense counsel at public expense.
4. A legal person is not entitled to a defense counsel appointed at public expense.
5. In cases of mandatory defense, the right to a defense counsel may be waived in accordance
with Article 52, paragraph 3. of this Code. In such cases, the counsel assigned ex officio shall be
held to act as “standby counsel” with the sole responsibility of being present and to advise the
suspect or the defendant throughout the proceedings. If the suspect or the defendant withdraws
the waiver, the standby counsel shall become the defense counsel.

PART ONE GENERAL PROVISIONS
CHAPTER V DEFENSE COUNSEL
Article 57
Defense Counsel at Public Expense When There is Not Mandatory Defense
1. If the conditions are not met for mandatory defense, a defense counsel shall be appointed at
public expense for the defendant at his request, only if:
1.1. he is financially unable to pay the cost of his defense; and
1.2. one of the following conditions is met:
1.2.1. the criminal proceedings are being conducted for a criminal offense
punishable by imprisonment of three (3) or more years; or
1.2.2. it is in the interest of justice independently from the punishment foreseen.
2. The defendant shall be instructed by the competent judge or other competent authority
conducting the proceedings on the right to defense counsel at public expense under the
paragraph 1. of this Article before the first examination.
3. The request for the appointment of a defense counsel at public expense under paragraph 1.
of this Article may be filed throughout the course of the criminal proceedings. The competent
judge or other competent authority conducting the proceedings shall decide on the request
on whether to appoint a defense counsel in a written reasoned ruling. If the police or the state
prosecutor refuses the request of the defendant for the appointment of a defense counsel at
public expense, the defendant may appeal to the pretrial judge.
4. Prior to the appointment of a defense counsel at public expense under the present Article, the
defendant shall submit an affidavit listing his assets and declaring that he cannot afford defense
counsel.
5. In conformity with Article 11, paragraph 4. of this Code, a defense counsel having the
experience and competence commensurate with the nature of the offense shall be appointed
for the defendant.

PART ONE GENERAL PROVISIONS
CHAPTER V DEFENSE COUNSEL
Article 61
Rights of Defense Counsel as Representative of Defendant
2. The defense counsel has the right to freely communicate with the defendant orally and in
writing under conditions which guarantee confidentiality.

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 II INITIAL STEPS BY THE POLICE
Article 74
Interviews by Police
1. The police have the right to interview persons who may be witnesses to a criminal offense
and to create a Police Report of the interview. The Report shall contain the exact questions and
answers during the interview, shall identify the police officer interviewing the witness, the time,
date and location of the interview, and shall identify the witness.
2. The police have the right to interview persons who may be suspects of committing a criminal
offense but shall first inform the suspect on the offenses that he is suspected of having committed
and of their rights under Article 122, paragraph 3. of this Code. The police shall prepare a Police
Report of the interview. The Report shall contain the exact questions and answers during the
interview, shall identify the police officer interviewing the suspect, the time, date and location of
the interview, and shall identify the suspect.
3. During an interview under paragraph 2. of this Article, the suspect has the right to interpretation
or translation of relevant documents without payment. When possible, the police shall audio or
video record the interviews under this Article .
4.The police shall audio or audio and video record the interview under this Article.
Article 75
Prohibitions in Police Questioning
Article 251 of the Code shall apply to gathering information from persons under Articles 73-74
of this Code.

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 123
Privileged Witnesses
1. The following persons may not be examined as witnesses:
1.1. a person who by giving testimony would violate the obligation to keep an official or
military secret, until the competent body releases him from that obligation;
1.2. a defense counsel, on matters confided to him by the defendant, unless the defendant
himself so requests; and
1.3. a co-defendant, while joint or severed proceedings are being conducted, except
when the co-defendant is a cooperative witness as provided by Article 231 of this Code.

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 130
Requirements of Pretrial Testimony Session
5. Each party shall be given an opportunity to examine the witness who has been examined by
the other party.

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 134
Decision to Engage Expert
2. The defendant, defense counsel, victim or victim advocate may challenge the selection of an
expert based on his qualifications or potential conflict of interest by filing a challenge with the
pretrial judge. The pretrial judge shall rule on the selection of an expert within ten (10) days from
the moment of engaging the expert .

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 138
Pretrial Expert Testimony
4. The expert shall be questioned by the state prosecutor, the defense counsel and the injured
party or victim and the victim advocate or victim’s representatives.

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 139
Experts Engaged by the Defendant or by the Pretrial Judge upon the Defendant’s
Request
1. If the defendant does not have financial resources to hire an expert, he may request the
pretrial judge to appoint an expert analysis that is relevant to his defense. In the request for
an expert, the defendant may suggest an expert to be appointed. If the defendant does not
suggest a specific expert, the pretrial judge shall select the expert. The pretrial judge shall
make a decision on such request within seven (7) days. No appeal shall be permitted against
this decision.
2. The defendant may engage and pay for expert analysis on his own.
3. The expert must comply with Article 136 of this Code and the state prosecutor shall receive a
copy of the defense expert’s report within fourteen (14) days of its completion.

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 147
Special Investigative Opportunity
1. The state prosecutor, injured party or victim, victim advocate, or victim’s representative,
defendant or defense counsel may, on an exceptional basis, request the pretrial judge to take
testimony from a witness or request an expert analysis for the purpose of preserving evidence
where there is a unique opportunity to collect important evidence or there is a significant danger
that such evidence may not be subsequently available at the main trial.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
D. PRETRIAL EXAMINATION OF THE DEFENDANT
Article 150
Conduct of Pretrial Examination of the Defendant
1. The examination of the defendant shall be conducted in compliance with Article 149,
paragraph 1. of this Code.
2. Before any examination, the defendant, whether detained or at liberty, shall be read the
warning in Article 122, paragraph 3. of this Code.
3. Before any examination, the defendant shall be informed of:
3.1. the criminal offense of which he is suspected of;
3.2. the fact that he may request evidence to be taken in his defense. If the defendant is
in detention on remand, he shall also be informed before any examination of his right to
have defense counsel provided if he cannot afford to pay for legal assistance.
3.3. the right to remain silent and not to answer any questions, except to give information
about his identity.
4. The defendant has the right to consult with his defense counsel prior to as well as during the
examination.
5. An examination of the defendant by the police or state prosecutor when acting under the
present Article shall be audio or video-recorded in accordance with Article 205 or Article 206 of
this Code. In cases where this is impossible in practice, a written record of the examination shall
be made in accordance with Chapter XI of this Code and the record shall specify the reasons
why the examination could not be audio or video-recorded.
Article 151
Right of the Defendant to Interpretation or Translation
1.The defendant is interrogated with the assistance of an interpreter or translator in the cases
provided by this Code.
2.When the defendant is deaf or dumb, questions are asked through a qualified sign language
interpreter or translator. If the interrogation cannot be carried out in this way, the person who
knows how to communicate with the defendant is invited to the role of interpreter or translator,
but not in cases of conflict of interest.
3.If the interpreter or translator has not been sworn in before, he swears that he will faithfully
translate the questions posed to the defendant and the statements given.
4.The interpreter or translator acts in accordance with Article 211 of this Code.
Article 152
Questioning of the Defendant during Pretrial Testimony
1. At the first examination, the defendant should be asked to provide his first name and surname
and nickname, if any; the name and surname of his parents and the maiden name of his mother;
his place of birth and place of residence; the day, month and year of his birth; his personal
identification number; his nationality and citizenship; his occupation and family conditions;
whether he is literate; his education; his personal income and his financial position; whether
criminal proceedings against him for some other criminal offense are in progress; and if he is a
minor, the identity of his legal representative. He shall be informed of the obligation to report any
change in address or an intended change of the place of current residence.
2. The defendant shall be examined orally. He may be permitted to make use of his notes during
the examination.
3. The examination shall be conducted with full respect for the dignity of the defendant.
4. The defendant shall be asked questions in a clear, distinct and precise manner. Questions to
the defendant must not proceed from the assumption that the defendant has admitted something
he has not admitted.
5. The prohibitions under paragraph 4. of this Article shall apply irrespective of the defendant’s
consent.
6. The defendant shall be asked questions based on evidence or documents that are relevant to
the criminal proceeding. Any relevant evidence or documents shall be shown to the defendant
during questions related to the evidence or documents. The evidence or documents shall be
clearly identified for the record.
7. Objects which are related to the criminal offense or which serve as evidence shall be
presented to the defendant for recognition, after he has first described them. If these objects
cannot be brought, the defendant may be taken to the place where they are located.
8. The examination should give the defendant an opportunity to dispel the grounds for suspicion
against him and to assert the facts that are in his favor.
Article 153
Admissibility of Defendant’s Statements
If the examination of the defendant was conducted in violation of the provisions of Article 251,
paragraph 4. or Article 150 of this Code, the statements of the defendant shall be inadmissible.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB – CHAPTER II DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT
Article 161
Limits on Provisional Arrest and Police Detention
2. Any person whose liberty has been deprived through arrest under this Article shall be brought
without delay to a pretrial judge to rule on detention on remand. The delay shall not exceed
forty-eight (48) hours.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB-CHAPTER III MEASURES TO ENSURE PRESENCE OF DEFENDANT
B. SUMMONS
Article 172
Summons
3. When summoned for the first time, the defendant shall be advised in the summons of his right
to engage a defense counsel and of the right of the defense counsel to attend his examination.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XI RECORDS
A. COMPILATION AND MAINTENANCE OF RECORDS
Article 204
Review of the Record
1. The person against whom an investigative action is undertaken, the persons who must be
present during the investigative action, as well as the parties, the defense counsel and the
victim advocate or victim’s representative, if they are present, have the right to read the record
or to request that it be read to them. The person undertaking the investigative action must make
them aware of this right, and it shall be noted in the record whether they have been so informed
and whether the record has been read. The record shall always be read if the recording clerk is
not present and this shall be noted in the record.
2. The record of an examination shall be signed by the person who is being examined. If the
record consists of more than one page, the person examined shall sign each page.
3. The record shall be signed at the end by the interpreter, if there was one, by the witnesses
whose presence was compulsory during the conduct of the investigative action and, in the case
of a search, it shall also be signed by the person searched or the person whose residence or
other property have been searched, if present during the search. If the record is not signed by
the recording clerk, the record shall be signed by those persons who attended the proceedings.
If there are no such persons, or if they are unable to understand the content of the record, the
record shall be signed by two (2) witnesses, unless it has not been possible to ensure their
presence.
4. Any person who does not know how to write shall place the print of the index finger of his
right hand in place of a signature and the recording clerk shall enter his first and last name
underneath the fingerprint. When it is not possible to make a fingerprint of the right index finger,
the print of some other finger or the print of a finger of the left hand shall be made and the record
shall indicate the finger and hand from which the print has been taken.
5. If the person examined has neither hand, he shall read the record of the examination, and, if
he does not know how to read, the record of the examination shall be read to him and this shall
be noted in the record.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XI RECORDS
A. COMPILATION AND MAINTENANCE OF RECORDS
Article 205
Recording of Sessions by Audio Recording or Audio-Video Recording
1. Applicable sessions of pretrial testimony or special investigative opportunity session, or any
other examination or interview as necessary, shall be video-recorded or audio-recorded in
accordance with the following procedure:
1.1. the person examined shall be informed, in a language he fully understands and
speaks that the examination is to be audio- or video-recorded.
1.2. the recording must include the data under Article 202, paragraph 1. of this Code
and the appropriate notification under Article 122 of this Code, as well as the information
needed to identify the persons whose statements are being recorded. When the
statements of several persons are being recorded, it is necessary to ensure that it is
possible to identify clearly from the recording who made which statement.
1.3. in the event of an interruption in the course of the examination, the fact and the time
of the interruption shall be recorded before the audio- or video- recording ends as well as
the time of resumption of the examination.
1.4. at the conclusion of the examination, the person being examined shall be offered
the opportunity to clarify anything he has said and add anything he may wish. At the
request of the examined person, the recording shall be immediately played back and
corrections and explanations of that person shall be recorded. The time of conclusion of
the examination shall always be noted.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XI RECORDS
B. INSPECTION OF RECORDS AND THE CASE FILE
Article 209
Access to the Case File by Suspects and Defendants
2. At the initiation of the investigative stage, the state prosecutor has a positive obligation to
provide access to the case file to any named defendant or his defense counsel, subject to the
exceptions within this Article.
3. At no time during the investigative stage may the defense be refused inspection of records
of the examination of the defendant, material obtained from or belonging to the defendant,
material concerning such investigative actions to which defense counsel has been or should
have been admitted or expert analyses.
4. Upon completion of the investigation, the defense shall be entitled to inspect, copy or
photograph all records and physical evidence available to the court.
5. Upon the filing of an indictment, the defendant or defendants named in the indictment are
provided with a copy or copies, respectively, of the case file.
6. In addition to the rights enjoyed by the defense under paragraphs 2., 3. and 4 .of this Article,
the defense shall be permitted by the state prosecutor to inspect, copy or photograph any
records, books, documents, photographs and other tangible objects in the possession, custody
or control of the state prosecutor which are material to the preparation of the defense or are
intended for use by the state prosecutor as evidence for the purposes of the main trial, as the
case may be, or were obtained from or belonged to the defendant. The state prosecutor may
refuse to allow the defense to inspect, copy or photograph specific records, books, documents,
photographs and other tangible objects in his possession, custody or control if there is a sound
probability that the inspection, copying or photographing may endanger the purpose of the
investigation or the lives or health of people. In such case, the defense can apply to the pretrial
judge, single trial judge or presiding trial judge to grant the inspection, copying or photocopying.
The decision of the competent judge is final.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XII EVIDENCE DURING INVESTIGATION
A. APPLICATION OF THE DEFENDANT OR THE INJURED PARTY TO COLLECT OR PRESERVE EVIDENCE
Article 212
Application by the Defendant to Collect or Preserve Evidence
1. During the investigation the defendant may apply to the state prosecutor to collect certain
evidence.
2. The state prosecutor shall collect such evidence or testimony if it is relevant to the proceedings
and:
2.1. if there is a danger that the evidence or testimony will be lost or is unlikely to be
available for main trial;
2.2. if such evidence may justify the release of the defendant from detention on remand;
2.3. if the evidence or testimony sought has a reasonable probability that it will be
exculpatory; or
2.4. if there are other justified reasons to collect such evidence or testimony.
3. If the defendant or defense counsel applies to the state prosecutor to collect certain evidence
that is located outside of Kosovo, the state prosecutor may collect such evidence in compliance
with Article 215 of this Code.
4. If the state prosecutor rejects the application to collect evidence, he shall render a decision
supported by reasoning and notify the defendant and defense counsel. The defendant or
defense counsel may appeal such decision to the pretrial judge.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XV COOPERATIVE WITNESSES
Article 232
Notice to the Defendant Identifying Cooperating Witness
1. If the state prosecutor intends to call a cooperative witness to testify at trial, the state
prosecutor gives written notice to defendants who are pending trial, his defense counsel and the
single trial judge or presiding trial judge at least fourteen (14) days before the commencement
of the main trial.
2.The state prosecutor may request the single trial judge or presiding trial judge to file this notice
with protection and secrecy measures under Chapter XIII of this Code if the state prosecutor
includes information in the notice that the cooperative witness will be placed in danger should
the notice be available to the public. The court promptly rules on this request.
3. This notice by the state prosecutor provides a summary of the expected testimony and the
relevance to the trial, along with any police reports or other written materials documenting the
information provided by the cooperative witness.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XV COOPERATIVE WITNESSES
Article 233
Reducing Sentence of Cooperative Witness after Judgment
1. Upon the state prosecutor’s motion made within one (1) year of sentencing of a defendant,
the single trial judge or presiding trial judge may reduce a sentence if the defendant, after
sentencing, provided substantial assistance in investigating or prosecuting another person, or
otherwise provided truthful information to the state prosecutor as defined by this Article.
2. Upon the state prosecutor’s motion made more than one (1) year after the sentence was
imposed, the single trial judge or presiding trial judge may reduce a sentence if the defendant’s
substantial assistance or truthful information involved:
2.1. information not known to the defendant until one (1) year or more after the sentence;
2.2. information provided by the defendant to the state prosecutor within one (1) year of
the sentence, but which did not become useful to the state prosecutor until more than one
(1) year after the sentence; or
2.3. information the usefulness of which could not reasonably have been anticipated by
the defendant until more than one (1) year after the sentence and which was promptly
provided to the state prosecutor after its usefulness was reasonably apparent to the
defendant.
3. In evaluating whether the defendant has provided substantial assistance or truthful information,
the single trial judge or presiding trial judge may consider the defendant’s assistance provided
before the original sentence was imposed.
4. When acting under this Article, the single trial judge or presiding trial judge may reduce the
sentence below the minimum sentence established by law.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVI INDICTMENT AND PLEA STAGE
Article 239
Materials Provided to Defendant upon Indictment
1. No later than at the filing of the indictment the state prosecutor provides the defense counsel
or lead counsel or defendant if not represented by a defense counsel with one copy of the
following materials or copies thereof which are in his possession, control or custody, including
those in the possession, control or custody of the police, if these materials have not already
been given to the defense counsel during the investigation:
1.1. records of statements or confessions, signed or unsigned, by the defendant;
1.2. names of witnesses whom the state prosecutor intends to call to testify and any prior
statements made by those witnesses;
1.3. information identifying any persons whom the state prosecutor knows to have
admissible and exculpatory evidence or information about the case and any records of
statements, signed or unsigned, by such persons about the case;
1.4. results of physical or mental examinations, scientific tests or experiments made in
connection with the case;
1.5. criminal reports and police reports; and
1.6. a summary of, or reference to, tangible evidence obtained in the investigation.
2. The statements of the witnesses are made available in a language which the defendant
understands and speaks.
3. After the filing of the indictment, the state prosecutor provides the defense counsel with any
new materials provided for in paragraph 1. of this Article within ten (10) days of their receipt.
4. The provisions of this Article are subject to the measures protecting injured parties, witnesses
and their privacy and confidential information, as provided for by law.
5. When the state prosecutor fails to comply with obligations from paragraph 1. of this Article,
the chief prosecutor of the office is notified.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVI INDICTMENT AND PLEA STAGE
Article 240
The Initial Hearing
1. At the initial hearing, the state prosecutor, defendant or defendants, and defense counsel
shall be present.
2. The injured party or the victim and the victim advocate or the victim`s representative shall be
notified of the initial hearing and they shall have the right to be present but their absence shall
not be an obstacle for holding the session.
3. During the initial hearing, the single trial judge or presiding trial judge provides copies of
the indictment to the defendant or defendants, if they have not already received copies of the
indictments despite the state prosecutor’s reasonable effort to deliver them .

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVI INDICTMENT AND PLEA STAGE
Article 241
Plea
1. At the beginning of the initial hearing the single trial judge or presiding trial judge instructs
the defendant of the rights not to plead his case or to answer any questions and, if he pleads
his case, not to incriminate himself or his close relative, nor to confess guilt; to defend himself
in person or through legal assistance by a defense counsel of his own choice; to object to the
indictment; and to challenge the admissibility of evidence presented in the indictment.
2. The single trial judge or presiding trial judge then satisfies himself that the right of the
defendant to defense counsel has been respected and that the state prosecutor has fulfilled the
obligation relating to the disclosure of evidence under Article 239 of this Code.
3. The state prosecutor reads the indictment to the defendant, excluding the parts of the
indictment specified in paragraph 3. of Article 237 of this Code, unless the defendant agrees to
waive the reading of the indictment. If the defendant waives the reading of the charges in the
indictment against him, the state prosecutor summarizes the content of the indictment.
4. The single trial judge or presiding trial judge satisfies himself that the defendant understands
the indictment and afford the defendant the opportunity to plead guilty or not guilty. If the
defendant has not understood the indictment, the single trial judge or presiding trial judge calls
on the state prosecutor to explain it in a way the defendant may understand without difficulty.
If the defendant does not want to make any statement regarding his guilt, he is considered to
have pleaded not guilty.
5. If the defendant decides to enter a guilty plea, the procedures of Article 230 of this Code
apply.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVI INDICTMENT AND PLEA STAGE
Article 243
Objections to Evidence
1. The defendant may file objections to the evidence listed in the indictment within the deadline
foreseen in Article 240 paragraph 7. of this Code, based upon the following grounds:
1.1. the evidence was not lawfully obtained by the police, state prosecutor, or other
government entity;
1.2. the evidence violates the rules in Chapter XVII of this Code; or
1.3. there is an articulable ground for the court to find the evidence intrinsically unreliable.
2. The state prosecutor is given an opportunity to respond to the objection in writing.
3. For all evidence where an objection has been filed, the single trial judge or presiding trial
judge issues a written reasoned decision that permits or excludes the evidence within fifteen
(15) days from the day of the expiration of the time limit set for the state prosecutor to file a
response as provided for in paragraph 2. of this Article or from the hearing set by the court to
consider the objection as provided for in Article 247 of this Code.
4. Inadmissible evidence is excluded from the file and sealed. Such evidence is kept by the
court, separated from other records and evidence. The excluded evidence may not be examined
or used in the criminal proceedings, except in an appeal against the ruling on admissibility.
5. All evidence where no objection has been filed is admissible at the main trial, unless the court
ex officio determines that the admission of the evidence would violate rights guaranteed to the
defendant under the Constitution of the Republic of Kosovo.
6. Either party may appeal a ruling under paragraph 3. of this Article. The appeal must be made
within ten (10) days of the receipt of the written decision.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVII EVIDENCE
Article 251
General Rules of Evidence
4. In any questioning or examination it is prohibited to:
4.1. impair the defendant’s freedom to form his own opinion and to express what he
wants by ill-treatment, induced fatigue, physical interference, administration of drugs,
torture, coercion or hypnosis;
4.2. threaten the defendant with measures not permitted under the law;
4.3. hold out the prospect of an advantage not envisaged by law; and
4.4. impair the defendant’s memory or his ability to understand.

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 I PREPARATION FOR THE MAIN TRIAL
Article 281
Venue of Main Trial
8. If they are not present in the same location, the defendant and his defense counsel have
the right to consult through virtual platforms, and the court enables them private and secret
communication through technological means chosen by them.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER I PREPARATION FOR THE MAIN TRIAL
Article 282
Persons Summoned to Main Trial
1. The persons summoned to appear at the main trial include the accused, his defense counsel,
the state prosecutor, the injured party or victim and victim advocate or victim’s representative,
as well as the interpreter. Witnesses and expert witnesses proposed by the state prosecutor in
the indictment and by the accused under Article 250 of the present Code are also summoned
to the main trial.
2. Article 172 of the present Code applies to the contents of the summonses served on the
accused and witnesses. When defense is not mandatory, the accused is instructed in the
summons that he has the right to engage defense counsel but that the main trial need not be
postponed because defense counsel has not come to the main trial or because the accused has
engaged defense counsel at the main trial.
3. The accused is served with the summons no less than eight (8) days before the main trial so
as to have sufficient time between the service of the summons and the day of the main trial to
prepare his defense. At the request of the accused, or at the request of the state prosecutor and
with the agreement of the accused, this prescribed period of time may be shortened.
4. The injured party who has not been summoned to appear as a witness is informed in a
summons that the main trial may be held in his absence and that his statement on a property
claim shall be read.
5. The accused, witness and expert witness are informed in the summonses of the consequences
of failure to appear at the main trial.
6. At the request of the Ombudsperson of Kosovo, the Ombudsperson is also notified of the
main trial for the purpose of monitoring the criminal proceedings within the limits of his authority.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER III CONDUCT OF THE MAIN TRIAL
Article 294
Single Trial Judge or Presiding Trial Judge in Charge of Main Trial
3. It shall be the duty of the single trial judge or presiding trial judge to ensure that the case is
thoroughly and fairly examined in accordance with the rules of evidence as provided for by this
Code.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER IV PRECONDITIONS FOR THE MAIN TRIAL
Article 304
Failure of Defense Counsel to Appear at Main Trial
1. If a duly summoned defense counsel fails to appear at the main trial without notifying the
court of the reason for his absence as soon as he learns about it, or if the defense counsel
leaves the main trial without permission of the single trial judge or trial panel, the court asks
the accused to engage immediately another defense counsel. If the accused fails to do so and
it is impossible to appoint a defense counsel without prejudicing the defense, the main trial is
adjourned.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER VII COMMENCEMENT OF THE MAIN TRIAL AND THE PLEA OF THE ACCUSED
Article 319
Instructions to the Accused
1. The single trial judge or presiding trial judge invites the accused to follow closely the course
of the main trial and instructs him that he may state his case, address questions to the co-
accused, witnesses and expert witnesses, and make comments on and give explanations of
their testimony.
2. The single trial judge or presiding trial judge then instructs the accused:
2.1. that he has a right not to give testimony in connection with his case or to answer any
questions;
2.2. that if he gives testimony, he is not obliged to incriminate himself or his next of kin,
nor to confess guilt;
2.3. that he may defend himself in person or through legal assistance by a defense
counsel of his own choice; and
2.4. of consequences related to Articles 299 paragraph 1 and 349 paragraph 1 of this
Code.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER VII COMMENCEMENT OF THE MAIN TRIAL AND THE PLEA OF THE ACCUSED
Article 321
Plea by the Accused to Indictment
1. The single trial judge or presiding trial judge satisfies himself that the accused understands
the indictment and afford the accused the opportunity to plead guilty or not guilty.
2. If the accused has not understood the charge, the single trial judge or presiding trial judge call
on the prosecution to explain the charge in a way the accused may understand without difficulty.
3. If the accused does not want to give any testimony regarding his guilt, it is considered that
he has pleaded not guilty.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER X PRESENTATION OF EVIDENCE
Article 328
Direct Examination, Cross Examination and Reexamination of Witness
1.When a party presents evidence, the party proposing the evidence questions the witness or
presents the evidence first.
2. Other parties will then be given the opportunity to cross examine the witness or challenge the
witness’ credibility.
3.The party who sponsored the evidence is given the final opportunity to clarify answers with the
witness or rehabilitate the witness’ credibility.
4. If a party is represented by more than one counsel, only the lead counsel may examine
witnesses, cross examine witnesses and rehabilitate witnesses.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER XI RULES RELATING TO WITNESSES
Article 344
Examination of the Accused
1. The accused has the right to not declare. If he chooses to declare, his testimony is conducted
in accordance with paragraphs 2 through 4 of the present Article.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER XII AMENDMENTS AND EXTENSION OF THE INDICTMENT
Article 349
Extension of Indictment at the Main Trial
2. In such case, the court may recess the main trial to give the defense time to prepare, and
after hearing the parties it may decide that the accused be tried separately for the offense under
paragraph 1 of the present Article.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER XIII CLOSING STATEMENTS
Article 353
Closing Statement and Comments on Behalf of Accused
1. The defense counsel or the accused himself presents the defense in a closing statement and
may comment on the allegations of the prosecution and the injured party.
2. After the defense counsel has presented arguments for the defense, the accused has the
right to speak, to assert whether he agrees with the defense presented by his counsel and to
supplement such defense.
3. The state prosecutor and the injured party have the right to respond to the defense, and
defense counsel or the accused have the right to comment on those responses.
4. The accused has always the right to speak last.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER XIII CLOSING STATEMENTS
Article 356
Sentencing Hearing following Guilty Plea or Judgment of Guilty
1. A sentencing hearing may be held if:
1.1. an accused pleads guilty;
1.2. an accused has been found guilty of a criminal offence after the main trial.
2. The request for a sentencing hearing is made in writing or in the record after the accused
pleads guilty or before the anticipated conclusion of the main trial. The state prosecutor, the
accused or his defense counsel may request that a hearing be held to present matters relevant
to sentencing. The request for such a hearing by the accused or his defense counsel shall not
be regarded as any admission of guilt.
3. The single trial judge or trial panel may also order a sentencing hearing ex officio to obtain
additional information relevant to the sentence if such a hearing is not requested by the parties.
4. The single trial judge or trial panel grants the request and advises the parties that the closing
statements shall address only the guilt or innocence of the accused.
5. The sentencing hearing is scheduled within seven (7) days of the announcement of a guilty
judgment pursuant to Article 364 of this Code. The single trial judge or trial panel immediately
gives notice of the date and time of the sentencing hearing to the state prosecutor, accused,
defense counsel, injured party or victim and victim advocate or victim’s representative.
6. Following the announcement of a guilty judgment, the single trial judge or trial panel may
order, ex officio or upon the request of the parties, from the probation service to compile a pre-
sentencing report. The order specifies the date for the submission of the report. In instances
when a pre-sentencing report is ordered, the deadline from paragraph 5 of this Article for
scheduling a sentencing hearing commences from the specified date for the submission of the
report by the probation service.
7. At the sentencing hearing the state prosecutor, accused, defense counsel, injured party or
victim and victim advocate or victim’s representative may present to the court:
7.1. matters in aggravation of the sentence, including data from the criminal record of the
accused;
7.2. matters in mitigation of the sentence, including those relevant for the mitigation of the
sentence under the minimum punishment provided by the law;
7.3. a statement or argument regarding an appropriate sentence, either orally or in
writing; and
7.4. any other matters that the single trial judge or trial panel finds relevant in determining
an appropriate sentence.
8. The applicable provisions for the sequence of presentation of evidence at main trial apply
mutatis mutandis during the sentencing hearing.
9. The accused has the right to speak in the hearing in favor of mitigating his sentence.
10. The injured party or the victim or the victim advocate or victim’s representative may also
make a statement during the hearing on the physical, psychological or material impact of the
offence. The statement shall not include a recommendation on the type and severity of the
sentence.
11. In lieu of a statement during the sentencing hearing, the injured party or the victim may
request that a declaration of damages from Article 214 of this Code be presented in writing or be
read during the hearing, and considered in determining the sentence. The declaration shall not
include a recommendation on the type and severity of the sentence. A copy of the declaration
is submitted to the accused and the state prosecutor pursuant to the provisions of this Code, if
such declaration is not part of the casefile. The accused and his defense counsel may object to
the information in the declaration during the sentencing hearing.
12. At the conclusion of the sentencing hearing, the single trial judge then withdraws to render
the judgment, whereas the trial panel then withdraws for deliberation and voting in order to
render the judgment. The provisions of Article 365 of this Code apply mutatis mutandis for the
announcement of the sentence.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XXI LEGAL REMEDIES
SUB – CHAPTER III APPEALS AGAINST JUDGMENT
Article 384
Substantial Violation of the Provisions of Criminal Procedure
1. There is a substantial violation of the provisions of criminal procedure which shall be
recognized ex-officio or upon motion of the parties if:
1.1. the court was not properly constituted or the participants in the rendering of the
judgment included a judge who did not attend the main trial or was excluded from
adjudication under a final decision;
1.2. a judge who pursuant to Articles 38-42 of the present Code should be excluded from
participation in the main trial participated therein;
1.3. the main trial was conducted in the absence of persons whose presence at the main
trial is required by law;
1.4. the main trial was conducted in a language that the accused person does not
understand and no interpretation was provided;
1.5. the public was excluded from the main trial in violation of the law;
1.6. the court violated the provisions of the criminal procedure relating to the issue of
whether exists a charge by an authorized state prosecutor, a motion of the injured party
or the approval of the competent public authority;
1.7. the judgment was rendered by a court which lacked subject matter jurisdiction to
hear the case;
1.8. the accused, when asked to enter his plea, pleaded not guilty on all or certain counts
of the charge and was examined before the presentation of evidence;
1.9. the judgment was rendered in violation of Article 395 of the present Code; or
1.10 the judgment lacks completely a reasoning.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XXI LEGAL REMEDIES
SUB – CHAPTER III APPEALS AGAINST JUDGMENT
Article 390
Session before Appeal Panel
2. If an accused held in detention on remand or serving his sentence wishes to attend the
session he will be allowed to do so.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XXI LEGAL REMEDIES
SUB – CHAPTER III APPEALS AGAINST JUDGMENT
Article 392
Grounds for Holding a Hearing at the Court of Appeals
3. If the accused is in detention on remand or is serving his sentence, the presiding judge of
the Court of Appeals takes the necessary steps for the accused to be brought to the hearing.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XXI LEGAL REMEDIES
SUB – CHAPTER III APPEALS AGAINST JUDGMENT
Article 393
Hearing before Appeal Panel
3. After that the appellant is called to set out his appeal and the opposing other party to give his
reply. The accused and his defense counsel shall always have the last word.

PART THREE ADMINISTRATION OF PROCEDURE
CHAPTER XXVII SERVICE OF DOCUMENTS
Article 477
Documents to be Personally Served
3. If a defendant who does not have a defense counsel is to be served a judgment in which a
prison sentence has been imposed on him and the judgment may not be served at his previous
address, the court automatically appoints defense counsel for the defendant, who performs that
duty until the new address of the defendant is ascertained. The appointed defense counsel is
given the necessary period of time to acquaint himself with the files, whereupon the judgment
is served on the appointed defense counsel and proceedings resumes. In the case of another
decision for which the date of service constitutes the commencement of the prescribed period
of time for filing an appeal or in the case of an appeal of the other party which is being served
for a reply, if the sender has been unable to ascertain the new address or electronic address
of the defendant, the decision or appeal is displayed on the bulletin board of the court and, at
the expiry of eight (8) days from the date of display, it is assumed that valid service has been
effected.
4. If the defendant has a defense counsel, a document under paragraph 2 of the present Article
is served on the defense counsel and the defendant in accordance with the provisions of Article
476 of the present Code. In such case, the prescribed period of time for pursuing a legal remedy
or answering an appeal commences on the date when the document is served on the defendant.
If the decision or appeal cannot be served on the defendant because he has failed to report his
current address or an electronic address, it shall be displayed on the bulletin board of the court
and, at the end of eight (8) days from the date of display, it is assumed that valid service has
been effected.
5. If a document is to be served on defense counsel of the defendant, and the defendant has
more than one defense counsel, it shall be sufficient to effect service on the lead counsel. In
cases where the service has been effected pursuant to Article 172 of this Code, the service is
considered effected if it was sent to the electronic address of the defense counsel which was
provided to the court.

PART FOUR SPECIAL PROCEEDINGS
CHAPTER XXXIII CRIMINAL PROCEEDINGS INVOLVING PERPETRATORS WITH A MENTAL DISORDER
Article 510
Ruling on Competence to Stand Trial
1. The court, ex officio or upon the motion of the defense counsel or state prosecutor, issues
a ruling on the competence of the defendant to stand trial after reviewing the report of the
expert issued pursuant to Article 508 of the present Code and hearing the state prosecutor, the
defense counsel and the defendant.
2. The court rules that the defendant is incompetent to stand trial if he currently has a mental
disorder and owing to such mental disorder, he is unable to defend himself, to consult with
defense counsel or to understand the proceedings.
3. A ruling on the competence of the defendant to stand trial may be appealed.

PART FOUR SPECIAL PROCEEDINGS
CHAPTER XXXIII CRIMINAL PROCEEDINGS INVOLVING PERPETRATORS WITH A MENTAL DISORDER
Article 517
Right to Defense Counsel
The perpetrator shall have defense counsel during proceedings to modify or terminate a
measure of mandatory psychiatric treatment.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(a) Shall not be compelled to incriminate himself or herself or to confess guilt;

(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;

(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;

(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.

2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66 Presumption of innocence

1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

2. The onus is on the Prosecutor to prove the guilt of the accused.

3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;

(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;

(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;

(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;

(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;

(h) To make an unsworn oral or written statement in his or her defence; and

(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.

2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.