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 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 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.