PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER III CONDUCT OF THE MAIN TRIAL
Article 298
Appeals of Rulings at Main Trial
1. An appeal may be filed against a ruling imposing punishment and the single trial judge or trial
panel may revoke the ruling.
2. The Court of Appeals decides on the appeal if the single trial judge or trial panel does not
revoke the ruling on the punishment. The provisions that regulate the appeal against a ruling
apply mutatis mutandis to an appeal under this paragraph.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER XXI LEGAL REMEDIES
SUB – CHAPTER I LEGAL REMEDIES
Article 374
Types of Legal Remedies
1. Unless otherwise provided for under the present code, a party may seek legal remedies from
a court of higher instance through:
1.1. an appeal against the judgment of the Basic Court to the Court of Appeals;
1.2. an appeal against the judgment of the Court of Appeals to the Supreme Court of
Kosovo under Article 407 paragraph 1 of the present Code;
1.3. an appeal against a ruling or order of the Basic Court to the Court of Appeals;
1.4. an appeal against a ruling of the Court of Appeals to the Supreme Court, when the
Court of Appeals amends the decision of the Basic Court regarding the detention on
remand or when the detention on remand is imposed for the first time at the Court of
Appeals;
1.5. an objection against the Basic Court decision as foreseen by this Code;
1.6. an application for extraordinary legal remedies filed against the decision of the Basic
Court or Court of Appeals to the competent court.
2. If authorized under the current Code, an order of a pre-trial judge may be reviewed by a
review panel of Basic Court judges. An order reviewed by a review panel under this paragraph
is reviewable by the Court of Appeals only during an appeal against the judgment.
3. Unless otherwise provided for in the present Chapter, the provisions on the main trial before
the court of first instance apply mutatis mutandis to proceedings for legal remedies.
4. The judgment of the Basic Court may not be appealed on procedural grounds if the appellant
has not challenged in the Basic Court the legal or factual decision upon which the appeal is
based, unless the appellant can demonstrate extraordinary circumstances that justify such an
appeal.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER XXI LEGAL REMEDIES
SUB – CHAPTER III APPEALS AGAINST JUDGMENT
Article 380
Filing Appeals against Judgment
1. Authorized persons may file an appeal against a judgment rendered by the single trial judge
or trial panel of the Basic Court within thirty (30) days of the day the copy of the judgment has
been served.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER XXI LEGAL REMEDIES
SUB – CHAPTER III APPEALS AGAINST JUDGMENT
Article 387
Appeal Against the Judgment Related to the Decision on Penal Sanction and Other
Decisions
1. A judgment may be appealed in respect of a decision on a penal sanction on the grounds that
the court, while not exceeding its authority under the law, has nevertheless failed to determine
the penal sanction correctly.
2. The judgment may also be challenged on the grounds that the court has applied or failed to
apply the provisions on the mitigation or waiver of punishment or on judicial admonition.
3. A decision on a measure of mandatory rehabilitation treatment of persons addicted to drugs
or alcohol or on confiscation may be challenged on the grounds that the court, while not
violating Article 385 sub-paragraph 1.5 of the present Code, has nevertheless rendered that
decision incorrectly, or failed to impose the measure of mandatory rehabilitation treatment of
persons addicted to drugs or alcohol or the measure of confiscation even though there were
legal grounds for this.
4. A decision on the costs of criminal proceedings may be challenged if the court has determined
these costs incorrectly or in violation of the provisions of the present Code.
5. A decision on a property claim or a decision on an order to publish a judgment may be
challenged if the court has decided these issues in violation of the provisions of the law.
PART FOUR SPECIAL PROCEEDINGS
CHAPTER XXXIII CRIMINAL PROCEEDINGS INVOLVING PERPETRATORS WITH A MENTAL DISORDER
Article 514
Decisions of the Court
4. All persons who have the right to appeal a judgment, except the injured party, have the right
to file an appeal against the ruling of the court within eight (8) days of the receipt of the ruling.
5. In cases where the court decided to dismiss proceedings pursuant to paragraph 1 of the
present Article because it determined that the defendant was not mentally incompetent at the
time of committing the criminal offense, the state prosecutor may waive the right to appeal this
decision and may immediately file an indictment. The indictment is filed within eight (8) days
from waiving the right to appeal.
1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:
(a) The Prosecutor may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact, or
(iii) Error of law;
(b) The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact,
(iii) Error of law, or
(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.
2.
(a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;
(b) If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;
(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
3.
(a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;
(b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;
(c) In case of an acquittal, the accused shall be released immediately, subject to the following:
(i) Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;
(ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.
4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.