''Chapter V: President of the Republic of Kosovo, Article 84: Competencies of the President''
29. grants individual pardons in accordance with the law;
PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB–CHAPTER II INITIAL STEPS BY THE POLICE
Article 84
Dismissal of Criminal Report
2.3. the period of statutory limitation for criminal prosecution has expired or the criminal
offense is covered by an amnesty, pardon, or the case has been adjudicated by a final
decision, or there are other circumstances that preclude prosecution ;
2.4. the suspect is protected by immunity and a waiver is not possible or not granted
by the appropriate authority
PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
E. REVIEW, SUSPENSION, TERMINATION AND TIME LIMITS OF INVESTIGATIONS
Article 156 Termination and Reopening of Investigation
1. The state prosecutor shall terminate the investigation if at any time it is evident from the
evidence collected that:
1.1. there is no reasonable suspicion that a specific person has committed the indicated
criminal offense;
1.2. the act reported is not a criminal offense which is prosecuted ex officio;
1.3. the period of statutory limitation has expired;
1.4. the criminal offense is covered by a pardon or an amnesty issued prior to the
enactment of the Constitution of the Republic of Kosovo; or
1.5. there are other circumstances that preclude prosecution.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVI INDICTMENT AND PLEA STAGE
Article 244
Request to Dismiss Indictment
1. The defendant may file a request to dismiss the indictment within the deadline foreseen in
Article 240 paragraph 7. of this Code, based upon the following grounds:
1.1. the offense charged is not a criminal offense;
1.2. circumstances exist which exclude criminal liability;
1.3. the period of statutory limitation has expired, a pardon covers the offense, or other
circumstances exist which bar prosecution;
1.4. the defendant and the injured party have entered in a mediation agreement;
1.5. there is not sufficient evidence to support a well-grounded suspicion that the
defendant has committed the criminal offense in the indictment;
1.6. the indictment has not been filed within the deadline provided under Article 234 of
this Code; or
1.7. the indictment is in violation of the law.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVI INDICTMENT AND PLEA STAGE
Article 248
Dismissal of Indictment and Termination of the Procedure
1. For every request to dismiss the indictment under Article 244 of the present Code, the single
trial judge or presiding trial judge renders a ruling to dismiss the indictment and to terminate the
criminal proceedings if he determines that:
1.1. the offense charged is not a criminal offense;
1.2. circumstances exist which exclude criminal liability;
1.3. the period of statutory limitation has expired, an amnesty or pardon covers the
offense, or other circumstances exist which bar prosecution;
1.4. the defendant and the injured party have entered into a mediation agreement that
has been formally accepted by the court;
1.5. there is not sufficient evidence to support a well-grounded suspicion that the
defendant has committed the criminal offense in the indictment;
1.6. the indictment has not been filed within the deadline provided under Article 234 of
this Code.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER XXI LEGAL REMEDIES
SUB – CHAPTER V EXTRAORDINARY LEGAL REMEDIES
A. REOPENING OF CRIMINAL PROCEEDINGS
Article 420
Modification of a Final Judgment without Reopening Criminal Proceedings
1. A final judgment may be modified even without reopening criminal proceedings:
1.1. when, in two (2) or more judgments against the same convicted person, several
punishments were imposed in a final form without applying the provisions on imposing
an aggregate punishment for concurrent criminal offenses;
1.2. when, in imposing an aggregate punishment by the application of provisions on
concurrent criminal offenses, a punishment already included in a punishment imposed
under an earlier judgment in accordance with provisions on concurrent criminal offenses
was also taken into consideration; or
1.3. when a final judgment in which an aggregate punishment was imposed for several
criminal offenses is partly unenforceable due to an amnesty, pardon or other reasons.
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;