Territorial jurisdiction - national proceedings

Kosovo

Kosovo - Criminal Code 2019 EN

PART ONE GENERAL PROVISIONS
CHAPTER II JURISDICTION OF COURTS
SUB-CHAPTER II TERRITORIAL JURISDICTION
Article 29
Territorial Jurisdiction
1. Territorial jurisdiction shall as a rule be vested in the Basic Court within whose territory
any action of a criminal offense has been committed or attempted, or where its consequence
occurred.
2. If a criminal offense was committed or attempted or its consequence occurred in the territory of
more than one court or on the border of those territories, the court which first initiated proceedings
in response to the petition of a state prosecutor shall be competent, but if proceedings have not
been initiated, the court at which the petition for initiation of proceedings is first filed, shall have
jurisdiction.
3. If a department of a Basic Court has been established by law and has national jurisdiction for
the investigation and trial of specific criminal offenses, the jurisdiction for all criminal proceedings
for such criminal offenses shall be vested in that department.
Article 30
Territorial Jurisdiction for Criminal Offenses Committed on an Aircraft
If a criminal offense has been committed on an aircraft that is registered in the Republic of
Kosovo or on an aircraft that is not registered in the Republic of Kosovo and according to
the agreement on international legal cooperation the criminal matter has been transferred, the
Basic Court in Pristina shall have jurisdiction.
Article 31
Secondary Criteria of Jurisdiction
1. If the territory described in Article 29, paragraph 1. of this Code is unknown or if this place is
not within the territory of Kosovo, the court within whose territory the defendant has a permanent
or current residence shall have jurisdiction.
2. If the court within whose territory the defendant has a permanent or current residence has
initiated proceedings, the court shall retain jurisdiction even after the place of the commission
of the criminal offense has become known.
3. If neither the place of commission of a criminal offense nor the place of permanent or current
residence of the defendant is known or if both are outside the territory of Kosovo, the court
within whose territory the defendant was apprehended or has surrendered himself or herself to
the authorities, shall have jurisdiction.
Article 32
Jurisdiction of Transborder Criminal Offenses
If a person commits criminal offenses both in Kosovo and outside Kosovo, the court which has
jurisdiction over the act committed in Kosovo shall have jurisdiction.
Article 33
Territorial Jurisdiction as Designated by the Supreme Court
If, according to the provisions of this Code, it cannot be established which court has territorial jurisdiction, the Supreme Court of Kosovo shall designate one of the courts with subject matter
jurisdiction to conduct proceedings.
SUB-CHAPTER III
JOINDER OF PROCEEDINGS
Article 34
Territorial Jurisdiction on Joint Proceedings
1. If the same person has been charged with the commission of several criminal offenses of the
same severity, the court at which the indictment has first been filed shall have jurisdiction, and,
if no indictment has been filed, the court to which a stamped copy of the ruling on the initiation
of the investigation has been sent first shall have jurisdiction.
2. Joint proceedings shall also be conducted in a case in which the injured party or victim has
at the same time committed a criminal offense against the defendant.
3. As a rule, co-defendants shall be subject to the jurisdiction of the court which has jurisdiction
for one of them and at which an indictment has first been filed.
4. The court which has competence over the perpetrator of the criminal offense shall, as a rule,
also have competence over the accomplices and accessories following the commission of the
criminal offence, and persons who failed to report the preparation of the act, the commission of
the act or the perpetrator.
5. All cases referred to in paragraphs 1. through 4. of this Article shall, as a rule, be considered
in joint proceedings and a single judgment shall be rendered.
6. The court may decide to conduct joint proceedings and to render a single judgment when
several individuals have been charged with several criminal offenses, provided that the acts are
interconnected and the evidence is common.
7. The court may decide to conduct joint proceedings and to render a single judgment if separate
proceedings are conducted before the same court against the same person for several acts or
against several persons for the same act.
8. A joinder of proceedings shall be decided by the court which is competent to conduct the joint
proceedings upon the motion of the public prosecutor or ex officio. No appeal shall be permitted
against a ruling joining the proceedings or rejecting a motion for a joinder.
9. Until the indictment is filed, the competent state prosecutor has the authority to join the
criminal proceedings.
Article 35
Severance of Proceedings
1. Until the conclusion of the main trial, the court which has jurisdiction under this Code may, for
important reasons or for reasons of efficiency, order the severance of proceedings conducted
for several criminal offenses or conducted against several defendants and thereupon proceed
separately or refer separate cases to another competent court.
2. A ruling on the severance of proceedings shall be rendered by the competent court after
hearing the parties and the defense counsel.
3. No appeal shall be permitted against a ruling severing proceedings or rejecting a motion for
severance.
4. Until the indictment is filed, the competent state prosecutor has the authority to sever the
criminal proceedings.

Article 107
Applicability of criminal laws of the Republic of Kosovo on the territory of the Republic of Kosovo
1. The criminal laws of the Republic of Kosovo apply to any person who commits a criminal offense wholly or partly on the territory of the Republic of Kosovo.
2. The criminal laws of the Republic of Kosovo apply to any person who commits a criminal offense on any means of air or water transport which is registered in the Republic of Kosovo, regardless of the location of the air or water transport at the time the criminal offense was committed.

Article 109
Applicability of criminal laws of the Republic of Kosovo to foreign person committing criminal offenses outside the territory of the Republic of Kosovo
1.3. the perpetrator is found on the territory of the Republic of Kosovo or has been transferred to the Republic of Kosovo.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;