PART ONE GENERAL PROVISIONS
CHAPTER VII
OVERSIGHT OF THE CRIMINAL PROCEEDINGS
Article 65
Sanctions for Prolonging Criminal Proceedings
1. In the course of proceedings the court may impose a fine of up to one thousand (1000) EUR
upon a defense counsel, an injured party or victim, a victim advocate or victim’s representative
if his actions are obviously aimed at prolonging criminal proceedings. The fine may be assessed
for each occurrence of the actions aimed at prolonging the criminal proceedings under this
paragraph.
2. The court shall inform the Kosovo Bar Association of the fining of a member of the Kosovo
Bar Association.
3. If the state prosecutor does not file a motion with the court on time or undertakes other
actions in proceedings with major delays and thereby causes proceedings to be prolonged, the
court shall inform the Chief Prosecutor of that office about it.
Article 66
Notification of Criminal Offenses Committed in the Course of Criminal Proceedings
1. If a judge becomes aware that a violation of Articles 383-394 and Articles 397-399 of the
Criminal Code has occurred during a criminal proceeding over which he presides, he may refer
the person to the appropriate state prosecutor for investigation.
2. A judge who presides during a violation of Articles 383-394 and Articles 397-399 of the Criminal
Code according to paragraph 1. of this Article, is excluded from any criminal proceedings
resulting from the violation, but may continue to preside over the original criminal proceeding.
3. The provisions of this Article shall apply without prejudice to Article 299 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 122
Warnings Required to be Read to Witnesses, Expert Witnesses, Defendants and
Cooperative Witnesses
1. At the beginning of the pretrial interview, pretrial testimony session, or Special Investigative
Opportunity, the state prosecutor shall read the following warning to the witness: “This is a criminal
investigation. You are obligated to testify. You are obligated to tell the truth. If you do not tell the
truth, you might be prosecuted under Article 382 or 383 of the Criminal Code. If you believe that
you may incriminate yourself as a result of answering a question, you may refuse to answer. If
you believe that you need the assistance of a lawyer as a result of answering a question, you
may hire and consult a lawyer. This criminal investigation seeks the truth and the most accurate
recollection of the facts that you can provide. If you do not understand the question being asked,
you should request that the question be asked differently. If you believe that there is a document
or other evidence that may help you answer a question more accurately or remember the facts
more vividly, you are obligated to tell us. If you require assistance, translation, or a reasonable
and brief break from this session, you should ask. Do you understand these rights?”
2. At the beginning of the pretrial interview, pretrial testimony session, or Special Investigative
Opportunity, the state prosecutor shall read the following warning to the expert witness: “This is
a criminal investigation of acts about which you have specialized knowledge. You are obligated
to testify. You are obligated to tell the truth. If you do not tell the truth, you might be prosecuted
under Article 382 or 383 of the Criminal Code. You are obligated to explain the steps you took
to obtain the specialized knowledge you have in this case. This criminal investigation seeks
the truth and the most accurate recollection of the facts that you can provide. If you do not
understand the question being asked, you should request that the question be asked differently.
If you believe that there is a document or other evidence that may help you answer a question
more accurately or remember the facts more vividly, you are obligated to tell us. If you require
assistance, translation, or a reasonable and brief break from this session, you should ask. Do
you understand these rights?”
3. At the beginning of the pretrial interview, pretrial testimony session, or Special Investigative
Opportunity, the state prosecutor shall read the following warning to the defendant: “This is a
criminal investigation of acts you may have committed. You have the right to give a statement
but you also have the right to remain silent and not answer any questions, except to give
information about your identity. You have the right not to incriminate yourself. If you choose to
give a statement or answer questions, you will not be under oath. The information you provide
may be used as evidence before the court. If you need an interpreter, one will be provided at
no cost to you. If you believe that you may incriminate yourself or a close relative as a result of
answering a question, you may refuse to answer. You have a right to a defense attorney and
to consult with him or her prior to and during the examination. If you do not understand the
question being asked, you should request that the question be asked differently. If you require
assistance, translation, or a reasonable and brief break from this session, you should ask. If you
do not understand these rights, you should consult with your attorney.”
4. At the beginning of the pretrial interview, pretrial testimony session, or Special Investigative
Opportunity the state prosecutor shall read the following warning to anyone who has been
declared a cooperative witness: “This is a criminal investigation of acts of which you have
direct knowledge. You have agreed to cooperate with this investigation. If you invoke your right
to remain silent, you will no longer be a cooperating witness. If you do not tell the truth, that
may be considered in your sentencing and you might be prosecuted under Article 384 of the
Criminal Code. Your defense attorney is present. If you believe that you need to consult your
attorney, you may. This criminal investigation seeks the truth and the most accurate recollection
of the facts that you can provide. If you do not understand the question being asked, you should
request that the question be asked differently. If you believe that there is a document or other
evidence that may help you answer a question more accurately or remember the facts more
vividly, you should tell us. If you require assistance, translation, or a reasonable and brief break
from this session, you should ask. Do you understand these rights?”
5. Warnings given under this Article shall be entered into the record.
6. Warnings given under this Article shall be submitted in writing to the defendant in a language
that he or she understands, together with the summons for testimony.

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 132
Failure of Witness to Appear
1. If a witness who has been duly summoned fails to appear and does not justify his failure to
appear or if he leaves the place where he should be examined without permission or a valid
reason, the pretrial judge ex officio or upon a motion of the state prosecutor, may compel the
witness to appear. If the witness fails to appear, the pretrial judge shall fine the witness up to
two hundred fifty (250) EUR for each time he fails to appear. If the witness continues to refuse
to testify after being fined, he may be imprisoned as set forth in paragraph 2. of this Article.
2. If a witness appears when summoned but after being warned of the consequences refuses to
give testimony without legal justification, he may be fined up to two hundred and fifty (250) EUR.
If the witness refuses to testify, he may be imprisoned. This imprisonment shall last for as long
as the witness refuses to testify or until his testimony becomes unnecessary, or until criminal
proceedings terminate, but shall not exceed one (1) month.
3. An appeal against a ruling imposing a punishment of a fine or imprisonment shall always
be decided by the review panel. An appeal against the ruling on imprisonment shall not stay
the execution of the ruling. The punishment under paragraphs 1. and 2. of this Article shall be
imposed by a judge.
4. Members of armed forces and the police may not be imprisoned but their refusal to testify
shall be reported to their respective commands.

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 135
Obligations of Expert Witness
1. A person being summoned as an expert witness is required to respond to the summons
and to provide his findings and opinion within a certain time limit. At the request of the expert
witness, on justifiable grounds, the authority conducting proceedings may extend the time limit.
2. If an expert witness duly summoned fails to appear and does not justify his absence, or
departs without authorization from the location where he is to be questioned, the authority
conducting proceedings may order him to be brought in forcibly and the court may impose a
fine of two hundred and fifty (250) EUR on expert witness, and a fine up to one thousand (1000)
EUR on a professional institution.
3. If an expert witness, after being cautioned about the consequences of declining to perform
expert examination, refuses to perform expert examination without a justifiable reason, or does
not provide his expert opinion within the designated time limit, the court may impose a fine up to
of five hundred (500) EUR on him, and a fine up to two thousand (2000) EUR on a professional
institution.
4. In the case referred to in paragraphs 2. and 3. of this Article, the court shall request the
institution to initiate disciplinary proceedings against the expert witness if the expert examination
is performed by a public authority.
5. In the investigative stage the fines under paragraphs 2., 3. and 4. of this Article shall be
imposed by the court upon request of the state prosecutor.
6. An appeal against a ruling ordering a fine is decided on by the review panel. An appeal does
not stay execution of the ruling.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XV COOPERATIVE WITNESSES
Article 231
Cooperative Witnesses
5. A cooperating witness is interviewed in the capacity of a witness. He bears criminal liability in
accordance with the law for any false statement or testimony.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER III CONDUCT OF THE MAIN TRIAL
Article 299
Criminal Offenses Committed at Main Trial
1. If the accused commits a criminal offense at the main trial, the provisions of Article 349 of the
present Code apply.
2. If a person other than the accused commits a criminal offense while the court is in session
at the main trial, the single trial judge or trial panel may, upon an oral charge by the state
prosecutor, recess the main trial and try the criminal offense committed right away or may
consider it after concluding the main trial.
3. Where there are grounds to suspect that a witness or an expert witness has given false
testimony at the main trial, such offense may not be tried immediately. In such case, the single
trial judge or presiding trial judge may order that a separate record be made of the testimony of
the witness or the expert witness and that the record be referred to the state prosecutor.

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 THREE ADMINISTRATION OF PROCEDURE
CHAPTER XXIV COSTS OF CRIMINAL PROCEEDINGS
Article 453
Effect of Other Decisions on Reimbursement of Costs
2. A person who has deliberately filed a false charge pays the costs of criminal proceedings.