Statute of limitations - national proceedings

Kosovo

Kosovo - Criminal Procedure Code (2022)

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 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 XX JUDGMENT
SUB – CHAPTER II TYPES OF JUDGMENTS
Article 362
Rejection Judgment
1. The court renders a judgment rejecting the charge, if:
1.1. the state prosecutor withdraws the charge during the period from the opening until
the conclusion of the main trial;
1.2. the accused was previously convicted or acquitted of the same offense under a final
judgment;
1.3. the period of statutory limitation has expired, an amnesty or pardon covers the act,
or there are other circumstances which bar prosecution; or
1.4. the injured party withdraws the motion for criminal offense not prosecuted ex officio,
unless the court has evidence that the decision to withdraw has been unduly influenced
by a third party.

PART FOUR SPECIAL PROCEEDINGS
CHAPTER XXXVI PROCEEDINGS FOR COMPENSATION, REHABILITATION AND EXERCISE OF OTHER RIGHTS OF PERSONS WHO HAVE BEEN CONVICTED OR ARRESTED WITHOUT JUSTIFICATION
SUB – CHAPTER I PROCEEDINGS FOR DAMAGE COMPENSATION OF PERSONS WHO HAVE BEEN CONVICTED OR ARRESTED WITHOUT JUSTIFICATION
Article 526
Petition for Compensation and its Statutory Limitations
1. The right to compensation for damages shall be statute-barred three (3) years from the
entry into force of the judgment in the first instance acquitting the accused of the charge or
rejecting the charge, or from the entry into force of the first instance ruling dismissing the
charge or terminating the proceedings. If the appeal was decided by a higher court, the right to
seek compensation for damages shall be statute-barred three (3) years from the receipt of the
decision of that court.

Rome Statute

Article 29 Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.