PART ONE GENERAL PROVISIONS
CHAPTER IV THE STATE PROSECUTOR
Article 48
Duties and Competencies of State Prosecutors
1. The basic duties and competencies of the state prosecutor are described in the relevant
Law on State Prosecutor and the relevant Law on Special Prosecution Office of the Republic of
Kosovo. In addition to those basic duties and competencies the state prosecutor shall have the
following duties and competencies:
1.1. the state prosecutor is empowered to represent the public interest before the courts
of the Republic of Kosovo and to request the courts to order measures in accordance
with this Code;
1.2. with respect to criminal offenses which are prosecuted ex officio or on the motion
of an injured party, the state prosecutor shall have the power to negotiate and accept a
voluntary agreement with the defendant to cooperate or plead guilty;
1.3. the state prosecutor shall present to the court relevant information and data that may
have an impact on the type and severity of the sentence.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
A. INITIATION OF INVESTIGATIVE STAGE
Article 99
Initiation of Criminal Proceedings by Formal Investigative Stage or Filing of Indictment
3. At any time a suspect subject to this Article may plead guilty to an indictment in accordance
with Article 230 of this Code.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIV
ALTERNATIVE PROCEEDINGS
Article 230
Negotiated Pleas of Guilty
1. At any time prior to the filing of the indictment, the state prosecutor and the defense counsel
may negotiate the terms of a written plea agreement under which the defendant and state
prosecutor agree to the charges of an indictment and the defendant agrees to plead guilty in
return for:
1.1. the state prosecutor’s agreement to recommend a more lenient punishment to the
court. This may include the recommendation for a sentence under the minimum provided
by the law, but not under the limits of mitigation of punishment;
1.2. the state prosecutor’s withdrawal from criminal prosecution for any of the criminal
offenses included in the ruling on the initiation of investigation or indictment; or
1.3. other considerations in the interest of justice, such as the waiver of the punishment.
2. At any time following the filing of the indictment and before the completion of the main trial, the
state prosecutor and the defense counsel may negotiate the terms of a written plea agreement
under which the defendant agrees to plead guilty in return for:
2.1. the state prosecutor’s agreement to recommend a more lenient punishment to the
court. This may include the recommendation for a sentence under the minimum provided
by the law, but not under the limits of mitigation of punishment;
2.2. the state prosecutor’s withdrawal from criminal prosecution for any of the criminal
offenses included in the ruling on the initiation of investigation or indictment; or
2.3. other consideration in the interests of justice, such as the waver of the punishment.
3. In cases when the defendant wishes to enter into a guilty plea agreement, the defendant’s
counsel, or the defendant if not represented by counsel, requests the state prosecutor for a
preliminary meeting to commence negotiations for a plea agreement. At all such negotiations,
a defendant must be represented by counsel, in accordance with paragraph 1. of this Article.
4. Upon receiving a request for a preliminary meeting, the state prosecutor informs the chief
prosecutor of his respective office, who gives written authorization for such meeting for plea
agreement discussions, at which the defendant’s statements will be given limited immunity as
provided in paragraph 10. of this Article. All plea agreements must be in writing and cleared by
the chief prosecutor of the respective state prosecutor’s office before being formally offered to
the defendant.
5. In cases when the state prosecutor wishes to enter into a guilty plea agreement, the state
prosecutor obtains the approval of the chief prosecutor of his respective office to commence
negotiations for a plea agreement. Upon the approval of the chief prosecutor of his respective
office, the state prosecutor shall either:
5.1. send a letter to the defense counsel with a description of the offered plea agreement,
including the terms required under paragraph 11. of this Article, or
5.2. meet with the defense counsel and defendant to negotiate the possibility of and
terms for a plea agreement. Paragraph 4. of this Article applies mutatis mutandis.
6. The written plea agreement may include a provision that the state prosecutor will make an
application, in accordance with Article 231 of this Code, to call the defendant as a “co-operative
witness”. If such defendant provides assistance as a co-operative witness, the state prosecutor
shall recommend to the court a more lenient punishment in accordance with Article 231, sub-
paragraph 9.6 of this Code that reflects the extent of the assistance and cooperation provided
by the defendant, while taking into account the severity of the criminal offense.
7. The defendant and the defense counsel shall be present during the plea negotiations and
must agree to the terms of any written plea agreement before it may be presented to the court.
When the defendant is not participating as a cooperative witness, the following conditions apply.
The state prosecutor informs the injured party of the negotiated plea agreement, once the
agreement reaches its final form. When the injured party has a claim for damages arising from
the criminal offense that has been filed in the indictment, the plea agreement must make an
effort to address the injured party’s claim, and the state prosecutor must inform the injured party
that the defendant is seeking to negotiate a plea agreement. The injured party must be given an
opportunity to present a statement to the court regarding such property claim prior to the court’s
acceptance of the plea agreement.
8. Where the defendant participates as a cooperative witness, the state prosecutor ensures that
the injured party’s claim for damages is treated by the plea agreement. When the injured party
has a claim for damages arising from the criminal offense that has been filed in the indictment,
the plea agreement must make an effort to address the injured party’s claim. The injured party
must be given an opportunity to present a statement to the court regarding such property claim
prior to the court’s sentencing of the defendant pursuant to the plea agreement.
9. The court does not participate in the plea negotiations, but may set a reasonable deadline
not longer than three (3) months for the conclusion of the negotiations to prevent delay of the
procedure.
10. At any time prior to acceptance of the plea agreement by the court, either the state prosecutor
or the defendant may reject a plea agreement and the single trial judge or presiding trial judge
schedules the court trial as provided for under Chapter XIX of this Code. If the state prosecutor
and the defense counsel or defendant fails to reach a guilty plea agreement, or if the plea
agreement is not accepted by the court, any statements of the defendant made during the plea
negotiations, as provided in paragraph 3., 4. and 5. of this Article, are inadmissible as evidence
in the court trial or other related proceedings.
11. A written plea agreement must state every term of the agreement, must be signed by the
chief prosecutor of the respective office, the defense counsel and the defendant, and is binding
on each party. At a minimum, the plea agreement must specify:
11.1. the charges to which the defendant will plead guilty;
11.2. whether the defendant agrees to cooperate;
11.3. the rights that are waived;
11.4. defendant’s liability for restitution to an injured party and confiscation of all assets
subject to confiscation under Chapter XVIII of this Code.
12. The plea agreement may also include a provision in which the parties agree on a range of
punishment to be proposed by the state prosecutor if the defendant cooperates substantially,
whereas if the court imposes a sentence outside of this range to the detriment of one party, that
party is entitled to appeal against the decision on the sentence.
13. The written plea agreement must be presented to the court in a hearing open to the public,
except as provided in paragraph 16. of this Article.
14. If the written plea agreement is negotiated prior to indictment, a separate indictment for the
defendant subject to the plea agreement is filed concurrent with the plea agreement. They may
both be presented in a sealed and stamped envelope. The initial hearing with the single trial
judge or presiding trial judge may also serve as a hearing under this Article.
15. The court may officially accept or reject the plea agreement in accordance with the conditions
to be considered in paragraph 17. of this Article. The guilty plea agreement enters into effect
only after it is officially accepted by the court on the record.
16. If the defendant agrees to be a co-operative witness and when the foreseen measures in
Chapter XIII of this Code are ensured to him, upon the request of either party, the court may
order the hearing to consider the guilty plea agreement to be closed to the public and may order
the written plea agreement to be sealed.
17. In considering whether to accept the guilty plea agreement, the court must question the
defendant, his defense counsel and the state prosecutor, and shall determine whether:
17.1. the defendant understands the nature and the consequences of the guilty plea;
17.2. the guilty plea is voluntarily made by the defendant after sufficient consultation with
defense counsel, if defendant has a defense counsel, and the defendant has not been
forced to plead guilty or coerced in any way;
17.3. the guilty plea is supported by the facts and material proofs of the case that are
contained in the indictment, by the materials presented by the prosecutor to supplement
the indictment and accepted by the defendant, and any other evidence, such as the
testimony of witnesses, presented by the prosecutor or defendant; and
17.4. none of the circumstances under Article 248, paragraph 1. of this Code exists.
18. In considering the guilty plea agreement, the court must invite the views of the state
prosecutor, the defense counsel and the injured party. If the defendant’s agreement to cooperate
and plead guilty is under seal pursuant to paragraph 16. of this Article, the court permits the
injured party to make a statement at the end of defendant’s cooperation, prior to sentencing.
19. If the court is not satisfied that all of the conditions set forth in paragraph 17. of this Article
are fulfilled, the court rejects the guilty plea and the case proceeds to trial as provided for by
this Code.
20. If the court is satisfied that all of the conditions in paragraph 17. of this Article are established,
the court accepts the guilty plea agreement and orders that the agreement be filed with the
court. The court sets a date for the parties to make their statements regarding sentencing
after which the court imposes the punishment. This date, however, may be deferred for the
defendant to serve as a co-operative witness.
21. After the court accepts the guilty plea and the written plea agreement, but before the
punishment is imposed, the court may not permit defendant to withdraw the guilty plea or the
state prosecutor to rescind the plea agreement unless the court finds that any of the conditions
in paragraph 17. of this Article are no longer satisfied. The party seeking to withdraw from the
agreement bears the burden of proof in making such application to the court.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVI INDICTMENT AND PLEA STAGE
Article 241
Plea
1. At the beginning of the initial hearing the single trial judge or presiding trial judge instructs
the defendant of the rights not to plead his case or to answer any questions and, if he pleads
his case, not to incriminate himself or his close relative, nor to confess guilt; to defend himself
in person or through legal assistance by a defense counsel of his own choice; to object to the
indictment; and to challenge the admissibility of evidence presented in the indictment.
2. The single trial judge or presiding trial judge then satisfies himself that the right of the
defendant to defense counsel has been respected and that the state prosecutor has fulfilled the
obligation relating to the disclosure of evidence under Article 239 of this Code.
3. The state prosecutor reads the indictment to the defendant, excluding the parts of the
indictment specified in paragraph 3. of Article 237 of this Code, unless the defendant agrees to
waive the reading of the indictment. If the defendant waives the reading of the charges in the
indictment against him, the state prosecutor summarizes the content of the indictment.
4. The single trial judge or presiding trial judge satisfies himself that the defendant understands
the indictment and afford the defendant the opportunity to plead guilty or not guilty. If the
defendant has not understood the indictment, the single trial judge or presiding trial judge calls
on the state prosecutor to explain it in a way the defendant may understand without difficulty.
If the defendant does not want to make any statement regarding his guilt, he is considered to
have pleaded not guilty.
5. If the defendant decides to enter a guilty plea, the procedures of Article 230 of this Code
apply.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVI INDICTMENT AND PLEA STAGE
Article 242
Guilty Plea and Imposition of Penal Sanction during the Initial Hearing
1. A defendant may plead guilty at the initial hearing to all charges in the indictment, or the
defendant may plead guilty to particular charges of the indictment if more than one charge is
alleged.
2. Where the accused pleads guilty on each count or some of the counts of the indictment under
Article 241 of this Code or this Article, the single trial judge or presiding trial judge determines
whether:
2.1. the accused understands the nature and consequences of the guilty plea;
2.2. the guilty plea is voluntarily made by the accused after sufficient consultation with
defense counsel, if the accused has a defense counsel, and the plea of guilty did not
result from force, threats, or promises, other than promises in a plea agreement under
Article 230 of this Code;
2.3. the guilty plea is supported by the facts of the case that are contained in the indictment,
materials presented by the state prosecutor to supplement the indictment and accepted
by the accused; and any other evidence, such as the testimony of witnesses, presented
by the state prosecutor or the accused; and
2.4. the indictment does not contain any obvious legal errors or factual misstatements.
3. During this discussion between the single trial judge or presiding trial judge with the defendant
regarding the factual basis for the plea, a defendant’s failure to admit each allegation in the
indictment regarding how the criminal offense was committed shall not be a reason to reject a
guilty plea, if the defendant’s admissions establish each element of the criminal offense.
4. If the single trial judge or presiding trial judge is not satisfied that the defendant understands
the nature and consequences of a plea of guilty and the requirements of paragraph 2. of this
Article are not established, the single trial judge or presiding trial judge renders a ruling to reject
the guilty plea and proceed with the initial hearing or other hearings.
5. The state prosecutor notifies any victim or injured party of the date and time of the defendant’s
guilty plea so the victim or injured party can be present for the hearing and make a statement
pursuant to Article 356 of this Code. In considering any guilty plea, or a guilty plea pursuant to
a negotiated plea agreement under Article 230 of this Code, the single trial judge or presiding
trial judge invites the views of the state prosecutor, the defense counsel, and the injured party
or victim.
6. If the single trial judge or presiding trial judge is satisfied that the matters provided for in
paragraph 2. of this Article are established, he renders a ruling to accept the guilty plea made
by the defendant and proceeds with sentencing, schedules a hearing pursuant to Article 356 of
this Code to determine a matter relevant for sentencing, or suspends sentencing pending the
completion of the cooperation by the defendant with the state prosecutor.
7. The provisions of Article 322, paragraph 5. of this Code apply mutatis mutandis in cases
when there is more than one defendant and one of them does not plead guilty.
8. In cases when the accused has plead guilty only on one criminal offense or some of the
criminal offenses for which he is accused, the single trial judge or presiding trial judge may:
8.1. adjourn the imposition of a penal sanction until the conclusion of the main trial;
8.2. severe the proceedings for this part of the indictment and impose the penal sanction;
or
8.3. continue the main trial for the criminal offense or offenses for which he did not plead
guilty.
9. The defendant who pleads not guilty during the initial hearing may change his statement and
plead guilty at any time. For any defendant wishing to plead guilty under this paragraph, the
single trial judge or presiding trial judge shall appropriately apply the review under this Article.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER VII COMMENCEMENT OF THE MAIN TRIAL AND THE PLEA OF THE ACCUSED
Article 322
Guilty Plea by the Accused at Trial
1. If the accused pleads guilty on each count or some of the counts of the indictment at the main
trial, the single trial judge or trial panel determines whether the requirements under Article 242,
paragraph 2 of the present Code have been met.
2. In considering a guilty plea of the accused, the single trial judge or presiding trial judge may
invite the views of the state prosecutor, the defense counsel and the injured parties.
3. If the single trial judge or trial panel is not satisfied that the requirements under Article 242,
paragraph 2 of the present Code have been met, it proceeds as if the guilty plea has not been
made.
4. If the single trial judge or trial panel is satisfied that the requirements under Article 242,
paragraph 2 of the present Code have been met, the main trial continues with the closing
statements.
5. If there are multiple accused and one or more pleads guilty, the main trial continues as to the
defendants who did not plead guilty. The single trial judge or presiding trial judge postpone the
sentencing of the accused who plead guilty at the beginning of the main trial until the end of
the main trial or he orders the severance of the proceedings for the defendants who have pled
guilty. If evidence had been taken in the main trial that only incriminates the accused who has
plead guilty, but is not relevant evidence against the remaining accused who have not plead
guilty, such evidence cannot be considered.
6. If the accused pleads guilty under this Article as a result of a plea agreement, the single trial
judge or presiding trial judge apply Article 230 of this Code mutatis mutandis.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER XI RULES RELATING TO WITNESSES
Article 347
Criminal Records of the Accused
The data from the criminal register as well as other data about convictions for criminal offenses
may be read only when the presentation of evidence is completed. When the accused has
pleaded guilty, all the information regarding the previous convictions of the accused are read
out before the parties make their closing statements.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER XIII CLOSING STATEMENTS
Article 356
Sentencing Hearing following Guilty Plea or Judgment of Guilty
1. A sentencing hearing may be held if:
1.1. an accused pleads guilty;
1.2. an accused has been found guilty of a criminal offence after the main trial.
2. The request for a sentencing hearing is made in writing or in the record after the accused
pleads guilty or before the anticipated conclusion of the main trial. The state prosecutor, the
accused or his defense counsel may request that a hearing be held to present matters relevant
to sentencing. The request for such a hearing by the accused or his defense counsel shall not
be regarded as any admission of guilt.
3. The single trial judge or trial panel may also order a sentencing hearing ex officio to obtain
additional information relevant to the sentence if such a hearing is not requested by the parties.
4. The single trial judge or trial panel grants the request and advises the parties that the closing
statements shall address only the guilt or innocence of the accused.
5. The sentencing hearing is scheduled within seven (7) days of the announcement of a guilty
judgment pursuant to Article 364 of this Code. The single trial judge or trial panel immediately
gives notice of the date and time of the sentencing hearing to the state prosecutor, accused,
defense counsel, injured party or victim and victim advocate or victim’s representative.
6. Following the announcement of a guilty judgment, the single trial judge or trial panel may
order, ex officio or upon the request of the parties, from the probation service to compile a pre-
sentencing report. The order specifies the date for the submission of the report. In instances
when a pre-sentencing report is ordered, the deadline from paragraph 5 of this Article for
scheduling a sentencing hearing commences from the specified date for the submission of the
report by the probation service.
7. At the sentencing hearing the state prosecutor, accused, defense counsel, injured party or
victim and victim advocate or victim’s representative may present to the court:
7.1. matters in aggravation of the sentence, including data from the criminal record of the
accused;
7.2. matters in mitigation of the sentence, including those relevant for the mitigation of the
sentence under the minimum punishment provided by the law;
7.3. a statement or argument regarding an appropriate sentence, either orally or in
writing; and
7.4. any other matters that the single trial judge or trial panel finds relevant in determining
an appropriate sentence.
8. The applicable provisions for the sequence of presentation of evidence at main trial apply
mutatis mutandis during the sentencing hearing.
9. The accused has the right to speak in the hearing in favor of mitigating his sentence.
10. The injured party or the victim or the victim advocate or victim’s representative may also
make a statement during the hearing on the physical, psychological or material impact of the
offence. The statement shall not include a recommendation on the type and severity of the
sentence.
11. In lieu of a statement during the sentencing hearing, the injured party or the victim may
request that a declaration of damages from Article 214 of this Code be presented in writing or be
read during the hearing, and considered in determining the sentence. The declaration shall not
include a recommendation on the type and severity of the sentence. A copy of the declaration
is submitted to the accused and the state prosecutor pursuant to the provisions of this Code, if
such declaration is not part of the casefile. The accused and his defense counsel may object to
the information in the declaration during the sentencing hearing.
12. At the conclusion of the sentencing hearing, the single trial judge then withdraws to render
the judgment, whereas the trial panel then withdraws for deliberation and voting in order to
render the judgment. The provisions of Article 365 of this Code apply mutatis mutandis for the
announcement of the sentence.