PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 2
Criminal Sanctions are Imposed by Independent and Impartial Competent Court
A sentence or other criminal sanction may be imposed on a person who has committed a
criminal offense only by a competent, independent and impartial court established by law, in
proceedings initiated and conducted in accordance with this Code.

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 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.