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.

Article 194
Coercion to obtain statements
1. An official person who, in abusing his or her position or authorizations, uses force or serious threat or any other prohibited means or manner to compel any suspect, defendant, witness, expert or other person to make a statement or declaration shall be punished by imprisonment of three (3) months to five (5) years.
2. When the offense provided for in paragraph 1. Of this Article is committed using grave violence or if the suspect, defendant, witness, expert or other person suffered grave consequences in the criminal proceedings as a result of the statement or declaration obtained by coercion, the perpetrator shall be punished by imprisonment of one (1) to ten (10) years.
Article 195
Mistreatment during exercise of official duty or public authorization
1. An official person who, in abusing his or her position or authorizations, mistreats, intimidates or gravely insults the dignity of another person shall be punished by imprisonment up to three (3) years.
2. When the offense provided for in paragraph 1. of this Article is committed against a child, the perpetrator shall be punished by imprisonment of six (6) months to five (5) years.
Article 196 Torture
1. An official person, or a person acting at the instigation of or with the consent or acquiescence of an official person, who commits an act of torture shall be punished by imprisonment of one (1) to fifteen (15) years.
2. When the offense provided for in paragraph 1. of this Article is committed against a child, the perpetrator shall be punished by imprisonment of three (3) to fifteen (15) years.
3. For the purposes of this Article, an act of torture means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for the purpose of obtaining from such person or from a third person information or a statement, or punishing such person for an act that he or she or a third person has committed or is suspected of having committed, or for intimidating or coercing the person or a third person or for any reason based on discrimination of any kind. An act of torture does not include any act or omission arising only from, inherent in or incidental to lawful sanctions.

Article 376 Definitions
For purposes of this Chapter, “official proceedings” includes any criminal proceedings as defined in the Criminal Procedure Code of the Republic of Kosovo; proceedings before any court and the Constitutional Court; proceedings before the Assembly of the Republic of Kosovo and municipal assemblies; or any proceeding authorized by law before a Ministry, agency or independent institution of the Republic of Kosovo, including disciplinary proceedings and notary proceedings.
Article 377
Failure to report preparation of criminal offenses
1.Whoever, having knowledge about the preparation of the commission of any offense fails to report the fact at the time when the commission of the offense may still be averted and the offense is committed or attempted shall be punished by a fine or by imprisonment of up to one (1) year.
2. Whoever fails to report the preparation of the commission of one or more of the following criminal offenses shall be punished by imprisonment of three (3) months to three (3) years.
2.1. aggravated murder;
2.2. murder;
2.3. assault with grievous bodily injury;
2.4. any offense in violation of Chapter XIV-Criminal Offenses Against the Constitutional Order and Security of Republic of the Republic of Kosovo;
2.5. any offense in violation of Chapter XV-Criminal Offenses Against Humanity And Values Protected By International Law;
2.6. any offense in violation of Chapter XX - Criminal Offenses Against Sexual Integrity; 2.7. any offense in violation of Chapter XXXIII - Criminal Offenses Against Official Duty; 2.8. any offense in violation of Chapter XXIII - Narcotics Offenses;
2.9. any offense in violation of Chapter XXIX - Weapons Offenses.
3. Except for offenses involving child abuse and domestic violence, a person is not criminally liable under paragraph 1. of this Article if he or she is related to the perpetrator of the criminal offense as the parent, child, spouse, sibling, adoptive parent or adopted child or person with whom the perpetrator lives in an extra-marital communion.
Article 378
Failure to report criminal offenses or perpetrators
1.Whoever, having knowledge of the identity of the perpetrator of one or more of the following criminal offenses, fails to report such fact shall be punished by a fine or by imprisonment of up to three (3) years:
1.1. aggravated murder;
1.2. murder;
1.3. assault with grievous bodily injury;
1.4. any offense in violation of Chapter XIV-Criminal Offenses against the Constitutional Order and Security of Republic of the Republic of Kosovo;
1.5. any offense in violation of Chapter XV-Criminal Offenses against Humanity and Values Protected by International Law;
1.6. any offense in violation of Chapter XX-Criminal Offenses against Sexual Integrity; 1.7. any offense in violation of Chapter XXXIII -Criminal Offenses against Official Duty; 1.8. any offense in violation of Chapter XXIII-Narcotics Offenses;
1.9. any offense in violation of Chapter XXIX -Weapons Offenses.
2. An official person or a responsible person who fails to report a criminal offense he or she has discovered in the exercise of his or her duties shall be punished as provided for in paragraph 1. of this Article, if such offense is punishable by imprisonment of at least three (3) years.
3. Except for offenses involving child abuse and domestic violence, a person is not criminally liable under this Article if he or she is related to the perpetrator of the criminal offense as the parent, child, spouse, sibling, adoptive parent or adopted child or person with whom the perpetrator lives in an extra-marital communion.

Article 379
Failure to inform of a person indicted by the international criminal tribunal
1.Whoever, having knowledge of the indictment and whereabouts of a person indicted by the international criminal tribunal and fails to report such whereabouts, although the timely discovery of the wanted person depends on such report, shall be punished by a fine or by imprisonment for a term up to three (3) years.
2. A person is not criminally liable under this Article if he or she is related to the perpetrator of the criminal offense as the parent, child, spouse, sibling, adoptive parent or adopted child or person with whom the perpetrator lives in an extramarital communion.
Article 380
Providing assistance to perpetrators after the commission of criminal offenses
1. Whoever harbours the perpetrator of any offense other than as provided in paragraph 2. of this Article or aids him or her to elude discovery or arrest by concealing instruments, evidence or in any other way or whoever harbours a convicted person or takes steps towards frustrating the arrest, execution of a punishment or an order for mandatory treatment shall be punished by a fine or by imprisonment of up to one (1) year.
2. When the offense provided for in paragraph 1. of this Article relates to one or more of the following criminal offenses the perpetrator shall be punished by imprisonment of six (6) months to five (5) years:
2.1. aggravated murder;
2.2. murder;
2.3. assault with grievous bodily injury;
2.4. any offense in violation of Chapter XIV-Criminal Offenses against the Constitutional Order and Security of Republic of the Republic of Kosovo;
2.5. any offense in violation of Chapter XV-Criminal Offenses against Humanity and Values Protected by International Law;
2.6. any offense in violation of Chapter XX-Criminal Offenses against Sexual Integrity;
2.7. any offense in violation of Chapter XXXIII -Official Corruption and Criminal Offenses against Official Duty;
2.8. any offense in violation of Chapter XXIII-Narcotics Offenses;
2.9. any offense in violation of Chapter XXIX -Weapons Offenses.
3. When the offense provided for in paragraph 1. of this Article relates to a criminal offense punishable by life long imprisonment, the perpetrator shall be punished by imprisonment of one (1) to ten (10) years.
4. The punishment provided for in paragraph 1. of this Article may not be more severe, neither in manner nor in degree, than the punishment prescribed for the criminal offense committed by the perpetrator who was given assistance.
5. Except for offenses involving child abuse and domestic violence, a person is not criminally liable under this Article if he or she is related to the perpetrator of the criminal offense as the parent, child, spouse, sibling, adoptive parent or adopted child or person with whom the perpetrator lives in an extra-marital communion.
Article 381
Accessory to a person indicted by the international criminal tribunal
1. Whoever renders assistance to, or hides a person indicted by the international criminal tribunal or aids such person to elude discovery, shall be punished by imprisonment for a term up to three (3) years.
2. No punishment for the criminal offense referred to in the paragraph 1. of this Article shall be imposed on a person who is the parent, child, spouse, sibling, adoptive parent or adopted child or person with whom the perpetrator lives in an extra-marital communion.
Article 382 False report or charge
1. Whoever falsely reports to an official person charged with the duty to investigate or prosecute that a particular person has committed a criminal offense prosecuted ex officio, while knowing that such person is not the perpetrator, shall be punished by fine or imprisonment of three (3) months to three (3) years.
2. Whoever provides false evidence of a criminal offense or in any other manner causes the initiation of criminal proceedings for an offense prosecuted ex officio against a person whom he or she knows did not commit the offense shall be punished as provided for in paragraph 1. of this Article.
3. Whoever reports that he or she has committed a criminal offense prosecuted ex officio, even though he or she has not committed such offense, shall be punished by a fine or by imprisonment of up to three (3) months.
4. Whoever reports to an official person charged with the duty to investigate or prosecute that a criminal offense which is prosecuted ex officio has been committed, even though he or she knows that the offense has not been committed, shall be punished as provided for in paragraph 3. of this Article.
Article 383
False statement under oath
1. Whoever, having taken an oath before an authority competent to administer affidavits or oaths, and thereafter signs an affidavit or states any matter that he or she does not believe to be true, or knowingly conceals or omits to state any matter relevant to the proceedings shall be punished by a fine or by imprisonment of up to three (3) years.
2. When the declaration provided for in paragraph 1. of this Article has been given in the course of criminal proceedings, the perpetrator shall be punished by a fine or imprisonment of up to five (5) years.
3. When the perpetrator of the criminal offense provided for in paragraph 1. of this Article voluntarily withdraws his or her statement before the end of his or her testimony the court may reduce the punishment.
Article 384 False statements
1. A party, witness, expert witness, translator or interpreter who gives a false statement, expert opinion or report in judicial or criminal proceedings, pre-trial proceedings, minor offence proceedings, administrative proceedings before a notary public or disciplinary proceedings shall be punished by a fine or by imprisonment of up to one (1) year.
2. When the false statement is a basis for the final decision in the proceedings, the perpetrator shall be punished by imprisonment of three (3) months to three (3) years.
3. When the criminal offence provided for in paragraph 1. of this Article results in serious consequences, the perpetrator shall be punished by imprisonment of one (1) to five (5) years.
4. When the perpetrator of the criminal offence provided for in paragraph 1. of this Article voluntarily withdraws his or her statement before a final decision has been issued, the court may reduce the punishment.
Article 385
False statements of co-operative witnesses
1. A co-operative witness who gives a statement or testimony that is false in any relevant part or who purposely omits to state the complete truth to a prosecutor or the police shall be punished by a fine or imprisonment of three (3) months to five (5) years.
2. Whoever commits the offense referred to in paragraph 1. of this Article and subsequently withdraws the statement or testimony and reports or testifies truthfully before the end of his or her interview or testimony shall be punished by a fine of up to five hundred (500) EUR or by imprisonment of up to three (3) months, or the court may waive the punishment if there are mitigating circumstances.
Article 386
Obstruction of evidence or official proceedings
1. Whoever by any means of compulsion or bribe with the intent to:
1.1. causes any person to make a false statement, provide a false document or conceal a material fact, in an official proceeding;
1.2. prevents or delays the attendance or testimony of any person in any official proceeding;
1.3. prevents or delays the communication by any person of information relating to the commission of a criminal offense to any police officer or other authorized investigator, prosecutor or judge;
1.4. prevents or delays a person from producing any document or record, in any official proceeding;
1.5.causes any person to alter, remove, conceal, destroy, damage, or render unserviceable, in whole or in part, any record, property, object or documents with the intent to impair the object’s availability for use in an official proceeding; or
1.6. causes a person to evade a legal summons to give testimony or produce evidence in an official proceeding;
1.7. induces a witness or an expert to decline to give or to give a false statement in court proceedings, minor offence proceedings, administrative proceedings or in proceedings before a notary public or disciplinary proceedings shall be punished by imprisonment of six (6) months to five (5) years.
2. Whoever, with the intent to prevent or hamper the collection of evidence in court proceedings, minor offences proceedings, administrative proceedings, proceedings before a notary public or disciplinary proceedings, conceals, destroys, damages or renders unserviceable, in whole or in part, the property of another person or a document that may be used as evidence, shall be punished by a fine or by imprisonment of up to three (3) years.
3. Whoever, with the intent to prevent or hamper the collection of evidence in court proceedings or administrative proceedings, removes, shifts or changes the place of any boundary marker, land marker or any other mark designed to mark ownership or real estate or right to use water, or, with the same intent, places such markers in a misleading manner shall be punished as provided for in paragraph 1. of this Article.
4. Whoever in the commission of the offenses provided for in paragraphs 1. to 3. of this Article threatens to use violence or uses violence, shall be punished by imprisonment of at least two (2) years.
5. If the offense provided for in paragraph 1. of this Article is committed against any witness the perpetrator shall be punished by imprisonment of at least three (3) years, and if such offense results in bodily injury, at least five (5) years.
Article 387
Intimidation during criminal proceedings
Whoever uses force or serious threat, or any other means of compulsion, a promise of a gift or any other form of benefit to induce another person to refrain from making a statement or to make a false statement or to otherwise fail to state true information to the police, a prosecutor or a judge, when such information relates to obstruction of criminal proceedings shall be punished by a fine of up to one hundred and twenty-five thousand (125,000) EUR and by imprisonment of two (2) to ten (10) years.
Article 388 Retaliation
1. Whoever takes any action harmful to any person, including interference with lawful employment or livelihood of any person, with the intent to retaliate for providing truthful information relating to the commission or possible commission of any criminal offense to police, an authorized investigator, a prosecutor or a judge, shall be fined and punished by imprisonment of up to three (3) years.
2. Whoever takes any action harmful to any person with the intent to retaliation for reporting or disclosing information for acts and omissions that pose a threat or violation of public interest shall be punished by fine or imprisonment of up to two (2) years.
3. Whoever with the intent to retaliate against any official person for any act performed in the course of his or her official duties, kills another person shall be punished by imprisonment of at least fifteen (15) years or lifelong imprisonment.
4. Whoever with the intent to retaliate against any official person for any act performed in the course of his or her official duties attempts to kill another person shall be punished by imprisonment of at least ten (10) years.
5. Whoever, with the intent provided for in paragraphs 1. to 3. of this Article, causes bodily injury or damages the property of any person shall be punished by at least three (3) years, but if the offense occurred in relation to a criminal proceeding, the perpetrator shall be punished by at least the same sentence as the most serious criminal offense that was the subject of the criminal proceeding.
Article 389 Tampering with evidence
1. Whoever, alters, removes, conceals, destroys, damages or renders unserviceable, in whole or in part, any record, property, object or document with the intent to impair the object’s availability for use in an official proceeding, shall be punished by a fine or by imprisonment of six (6) months to five (5) years.
2. Whoever, with the intent to prevent or hamper the collection of evidence in court proceedings or administrative proceedings, removes, shifts or changes the place of any boundary marker, land marker or any other mark designed to mark ownership or real estate or right to use water, or, with the same intent, places such markers in a misleading manner shall be punished as provided for in paragraph 1. of this Article.
Article 390 Falsifying documents
1. Whoever draws up a false document, alters a genuine document with the intent to use such document as genuine or knowingly uses a false or altered document as genuine shall be punished by a fine or by imprisonment of up to four (4) years.
2. When the offense provided for in paragraph 1. of this Article is committed in relation to a public document, will, bill of exchange, public or official registry or some other registry kept in accordance with the law the perpetrator shall be punished by a fine and by imprisonment of up to five (5) years.
3. Whoever commits the offence provided in the paragraph 1. or 2. of this Article as a member of a group of people shall be punished by a fine and by imprisonment of one (1) year to eight (8) years.
Article 391
Special cases of falsifying documents
1. A person shall be deemed to have committed the offense of falsifying documents and shall be punished a fine or by imprisonment of up to three (3) years, if such person:
1.1. without authorization completes a letter, blank form, or any other item which has already been signed by another person and fills in a statement that creates a legal relationship;
1.2.deceives another person with regard to the content of any document and such person signs the document thinking that he or she is signing some other document or a document with some other content;
1.3. issues a document on behalf of another person without his or her authorization or on behalf of a person who does not exist;
1.4. issues a document and claims by signing the document that he or she has a position, title or rank, although he or she does not, and such act has a substantial influence on the value of the document; or
1.5. issues a document using a genuine stamp or sign without prior authorization.
Article 392
Violating secrecy of proceedings
1. Whoever, without authorization, reveals information disclosed in any official proceeding which must not be revealed according to law or has been declared to be secret by a decision of the court or a competent authority shall be punished by a fine or by imprisonment of up to one (1) year.
2. Whoever without authorization reveals information on the identity or personal data of a person under protection in the criminal proceedings or in a special program of protection shall be punished by imprisonment of up to three (3) years.
3. If the offense provided for in paragraph 2. of this Article results in serious consequences for the person under protection or the criminal proceedings are made impossible or severely hindered, the perpetrator shall be punished by imprisonment of six (6) months to five (5) years.
4. If the offense provided for in paragraph 3. of this Article results in the death of the person under protection, the perpetrator shall be punished by imprisonment of at least ten (10) years or lifelong imprisonment.
Article 393 Contempt of court
1. Whoever fails to obey any final order, ruling, decision or judgment of any Court in the Republic of Kosovo or who refuses or obstructs the publication of any final decision or, judgment of such court shall be punished by a fine or imprisonment up to six (6) months.
2. Fines imposed under this Article may be daily and may be imposed until the perpetrator complies with the final order, ruling, decision or judgment that is the subject of the action.
3. Where the contempt relates to an action between two private parties, the court may order that the fine be paid to the injured party.
Article 394
Failure to execute court decisions
1. The official or responsible person who refuses to execute any final order, ruling, decision or judgment of any court in the Republic of Kosovo or who fails to execute the decision pursuant to the time frame provided by law or the time frame specified in the decision shall be punished by a fine or imprisonment of up to two (2) years.
2. When the offense provided for in paragraph 1. of this Article causes a severe violation of human rights or substantial material damage, the perpetrator shall be punished by imprisonment of six (6) months of up to five (5) years.
3. If the perpetrator of the criminal offense provided for in paragraph 1. of this Article executes the final decision of the court, the prosecution will not be undertaken.
Article 395 Legalization of false content
1. Whoever misleads a competent authority into certifying any untrue matter designed to serve as evidence of a legal matter in a public document, register or book shall be punished by imprisonment of three (3) months to five (5) years.
2. Whoever uses such a document, register or book even though he or she knows it to be false shall be punished as provided for in paragraph 1. of this Article.
Article 396
Uprising of the persons deprived of liberty
1. Whoever, in the institution where he or she is detained on the basis of a lawful decision ordering the deprivation of liberty, organizes an uprising of persons deprived of liberty with the intent to release themselves by force or to attack jointly the official persons in such institution or to compel, through the use of force or serious threat, any person to do or abstain from doing an act in violation of their duty shall be punished by imprisonment of one (1) to five (5) years.
2. A participant in the uprising provided for in paragraph 1. of this Article shall be punished by imprisonment of three (3) months up to one (1) year.
3. When the offense provided for in paragraph 1. of this Article is committed by the use of force or serious threat, the perpetrator shall be punished by imprisonment of six (6) months to five (5) years.
4. When the perpetrator of the offense provided for in paragraph 1. or 2. of this Article withdraws voluntarily from the uprising before exercising force or serious threat, the court may waive his punishment.
Article 397
Escape of persons deprived of liberty
1. Whoever, escapes from the institution where he or she is detained on the basis of a lawful decision ordering the deprivation of liberty, shall be punished by imprisonment of up to three (3) years.
2. Whoever, by the use of bribery, escapes from the institution where he or she is detained on the basis of a lawful decision ordering the deprivation of liberty shall be punished by imprisonment of up to five (5) years.
3. Whoever, by the use of force or serious threat, escapes from the institution where he or she is detained on the basis of a lawful decision ordering the deprivation of liberty, shall be punished by imprisonment of one (1) to five (5) years.
Article 398
Facilitating the escape of persons deprived of liberty
1. Whoever facilitates the escape of a person who is detained on the basis of a lawful decision ordering the deprivation of liberty, shall be punished by imprisonment of three (3) months to five (5) years.
2. Whoever, by the use of bribery facilitates the escape of a person who is detained on the basis of a lawful decision ordering the deprivation of liberty, shall be punished by imprisonment of three (3) months to five (5) years.
3. Whoever, by use of force or serious threat, facilitates the escape of a person who is detained on the basis of a lawful decision ordering the deprivation of liberty, shall be punished by imprisonment of three (3) months to five (5) years.
4. When the offense provided for in this Article is committed jointly by more than one person, they shall be punished by imprisonment of one (1) to eight (8) years.
Article 399
Unlawful release of persons deprived of liberty
An official person who in abusing his or her position or authorizations, unlawfully releases another person deprived of liberty and entrusted to him or her, aids his or her escape or enables an unlawful connection or correspondence whose purpose is the preparation of escape shall be punished by imprisonment of six (6) months to five (5) years.
Article 400
Unlawful facilitation of the exercise of a profession, activity or duty
Whoever enables another person to exercise a profession, activity or duty, even though he or she knows that a final judgment imposing an accessory punishment has prohibited the person from exercising such profession, activity or duty shall be punished by a fine or imprisonment of three (3) months to three (3) years.