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

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

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.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB-CHAPTER I GENERAL PRINCIPLES
Article 159
Principle of Interpretation
1. The Articles in this Chapter shall be interpreted by the police, state prosecutor and courts
under the following principles:
1.1. the defendant’s right to liberty and security establishes a presumption in favour of
remaining free ;
1.2. a deprivation of liberty under this Chapter shall only be ordered by the court if the
state prosecutor presents evidence under this Chapter which overcomes the presumption
in sub-paragraph 1.1. of this paragraph;
1.3. if a deprivation of liberty under this Chapter is ordered, the police, state prosecutor
or court should use the most limited restrictions on liberty possible;
1.4. this Article applies to measures to deprive liberty or to ensure the presence of the
defendant during criminal proceedings.

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 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.