''Chapter II: Fundamental Rights and Freedoms, Article 29: Right to Liberty and Security''

4. Everyone who is deprived of liberty by arrest or detention enjoys the right to use legal remedies to challenge the lawfulness of the arrest or detention. The case shall be speedily decided by a court and release shall be ordered if the arrest or detention is determined to be unlawful.

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 12
Legality of Deprivation of Liberty and Expedited Proceedings
1. No one shall be deprived or restricted of his liberty, save in such cases and in accordance
with such proceedings as are prescribed by the law.
2. Any person deprived of his liberty by arrest or detention shall be entitled under the procedures
provided by this Code to challenge the lawfulness of his arrest or detention which shall be
decided speedily by a court and order his release if the detention is not lawful.

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 14
Languages and Writing
1. The languages and scripts which may be used in criminal proceedings shall be Albanian and
Serbian, unless otherwise provided by law.
2. Any person participating in criminal proceedings who does not speak or understand the
language of the proceedings shall have the right to speak his own language and the right to be
informed through interpretation, free of charge, of the evidence, the facts and the proceedings.
Interpretation shall be of a quality sufficient to safeguard the fairness of the proceedings and
shall be provided by an independent interpreter.
3. A defendant who does not speak or understand the language of the proceedings shall
have the right to interpretation of quality sufficient to ensure the safeguard the fairness of the
proceedings and especially to ensure that he has knowledge of the case against him and is able
to exercise his right of defense.
4. A defendant who does not speak or understand the language of the proceedings shall have
the right to interpretation for communication with his defense counsel, if he does not speak or
understand the language of the defendant:
4.1. when the defendant is being examined;
4.2. during any court hearing; or
4.3. when filing written submissions or an appeal.
5. A person referred to in paragraphs 2., 3. and 4. of this Article shall be informed of his right to
interpretation. He may waive this right if he knows the language in which the proceedings are
conducted. If the person is a defendant, such waiver shall be obtained after he has obtained
prior legal advice or has otherwise obtained full knowledge of the consequences of such a
waiver and that the waiver was unequivocal and given voluntarily. The notification on this right
and the statement of the participant or defendant shall be entered in the record.
6. A person referred to in paragraphs 2., 3. and 4. of this Article has the right to request the
competent judge or other body conducting the criminal proceedings for new interpretation if the
quality of the interpretation is not sufficient to safeguard the fairness of the proceedings.
7. Pleadings, appeals and other submissions may be served on the court in Albanian or Serbian,
unless otherwise provided by law.
8. The defendant and a person serving a sentence who does not understand the language
of the proceedings shall be provided, within a reasonable period of time, a translation of the
summonses, decisions and submissions, in whole or in part, depending on whether they
are relevant for the purposes of enabling a defendant or person serving a sentence to have
knowledge of the case against him, in the language which he uses in the proceedings or other
documents which are essential to ensure that he is able to exercise his right of defense and
to safeguard the fairness of the proceedings. Essential documents shall include any decision
depriving a person of his liberty, any charge of indictment and any judgment.
9. An oral translation or oral summary of the essential documents listed in paragraph 8. of this
Article may be provided instead of a written translation if such oral translation or summary does
not prejudice the fairness of the proceedings.
10. A defendant shall have the right to appeal the decision denying interpretation or translation.
11. A foreign national in detention on remand may serve on the court submissions in a language
that he understands before, during and after the main.

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
5. If the state prosecutor dismisses the criminal report, the victim, or the injured party may file a
complaint against the dismissal of the criminal report within eight (8) days of the receipt of the
notification under paragraph 4. of this Article. The complaint shall be submitted with the Basic
Prosecution Office to the Appellate Prosecution Office. The complaint shall contain the facts
and the reasons for the complaint.
6. If the Appellate Prosecution Office determines that the complaint is grounded, it shall issue
a ruling to that effect instructing the state prosecutor to undertake additional actions regarding
the criminal report. The complainant shall be informed by the Appellate Prosecution Office that
the complaint has been granted.
7. If the Appellate Prosecution Office determines that the complaint is unfounded, it shall refuse
the complaint by a reasoned ruling that shall be served upon the complainant within fifteen (15)
days from the filing of the complaint.
8. Following the expiration of a period of six (6) months from the filing of the criminal report or
a decision provided for in paragraph 6. of this Article, the injured party or the victim may file
a complaint directly to the Appellate Prosecution Office for failure of the state prosecutor to
undertake actions. The procedure provided for in paragraphs 6. and 7. of this Article shall apply
mutatis mutandis.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
C. TAKING PRE-INDICTMENT EVIDENCE
Article 132
Failure of Witness to Appear
1. If a witness who has been duly summoned fails to appear and does not justify his failure to
appear or if he leaves the place where he should be examined without permission or a valid
reason, the pretrial judge ex officio or upon a motion of the state prosecutor, may compel the
witness to appear. If the witness fails to appear, the pretrial judge shall fine the witness up to
two hundred fifty (250) EUR for each time he fails to appear. If the witness continues to refuse
to testify after being fined, he may be imprisoned as set forth in paragraph 2. of this Article.
2. If a witness appears when summoned but after being warned of the consequences refuses to
give testimony without legal justification, he may be fined up to two hundred and fifty (250) EUR.
If the witness refuses to testify, he may be imprisoned. This imprisonment shall last for as long
as the witness refuses to testify or until his testimony becomes unnecessary, or until criminal
proceedings terminate, but shall not exceed one (1) month.
3. An appeal against a ruling imposing a punishment of a fine or imprisonment shall always
be decided by the review panel. An appeal against the ruling on imprisonment shall not stay
the execution of the ruling. The punishment under paragraphs 1. and 2. of this Article shall be
imposed by a judge.
4. Members of armed forces and the police may not be imprisoned but their refusal to testify
shall be reported to their respective commands.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
C. TAKING PRE-INDICTMENT EVIDENCE
Article 135
Obligations of Expert Witness
1. A person being summoned as an expert witness is required to respond to the summons
and to provide his findings and opinion within a certain time limit. At the request of the expert
witness, on justifiable grounds, the authority conducting proceedings may extend the time limit.
2. If an expert witness duly summoned fails to appear and does not justify his absence, or
departs without authorization from the location where he is to be questioned, the authority
conducting proceedings may order him to be brought in forcibly and the court may impose a
fine of two hundred and fifty (250) EUR on expert witness, and a fine up to one thousand (1000)
EUR on a professional institution.
3. If an expert witness, after being cautioned about the consequences of declining to perform
expert examination, refuses to perform expert examination without a justifiable reason, or does
not provide his expert opinion within the designated time limit, the court may impose a fine up to
of five hundred (500) EUR on him, and a fine up to two thousand (2000) EUR on a professional
institution.
4. In the case referred to in paragraphs 2. and 3. of this Article, the court shall request the
institution to initiate disciplinary proceedings against the expert witness if the expert examination
is performed by a public authority.
5. In the investigative stage the fines under paragraphs 2., 3. and 4. of this Article shall be
imposed by the court upon request of the state prosecutor.
6. An appeal against a ruling ordering a fine is decided on by the review panel. An appeal does
not stay execution of the ruling.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB – CHAPTER II DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT
Article 165
Informing the Arrested Person of his Rights

PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB-CHAPTER III MEASURES TO ENSURE PRESENCE OF DEFENDANT
H. HOUSE DETENTION
Article 186
The Content of the Ruling Ordering Detention on Remand and the Appeal Against it
3. Each party may file an appeal within forty-eight (48) hours of being served with the ruling.
The appeal shall not stay execution of the ruling. If only one party appeals, the appeal shall be
served by the court on the other party who may submit arguments to the court within twenty-four
(24) hours of being served with the appeal. The appeal shall be decided within seventy-two (72)
hours of the filing of the reply to the appeal or the expiration of the time limit for filing of a reply
before the Court of Appeals.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XII EVIDENCE DURING INVESTIGATION
A. APPLICATION OF THE DEFENDANT OR THE INJURED PARTY TO COLLECT OR PRESERVE EVIDENCE
Article 212
Application by the Defendant to Collect or Preserve Evidence
1. During the investigation the defendant may apply to the state prosecutor to collect certain
evidence.
2. The state prosecutor shall collect such evidence or testimony if it is relevant to the proceedings
and:
2.1. if there is a danger that the evidence or testimony will be lost or is unlikely to be
available for main trial;
2.2. if such evidence may justify the release of the defendant from detention on remand;
2.3. if the evidence or testimony sought has a reasonable probability that it will be
exculpatory; or
2.4. if there are other justified reasons to collect such evidence or testimony.
3. If the defendant or defense counsel applies to the state prosecutor to collect certain evidence
that is located outside of Kosovo, the state prosecutor may collect such evidence in compliance
with Article 215 of this Code.
4. If the state prosecutor rejects the application to collect evidence, he shall render a decision
supported by reasoning and notify the defendant and defense counsel. The defendant or
defense counsel may appeal such decision to the pretrial judge.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVI INDICTMENT AND PLEA STAGE
Article 244
Request to Dismiss Indictment
4. Either party may appeal a ruling under paragraph 3. of this Article. The appeal must be made
within ten (10) days of the receipt of the written decision.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVIII RESTRAINT OF PROPERTY SUBJECT TO CONFISCATION
Article 268
Grounds for Appeal of the Issuance or Denial of Final Restraint Order
1. The state prosecutor, defendant and any third party named in the final restraint order may file
an appeal against the issuance or denial of the order within fifteen (15) days of being served
with the written order.
2. The appeal does not stay the execution of the order. Provisions of Chapter XXI of this Code
apply mutatis mutandis.
3. The only grounds for an appeal by the defendant or a third party pursuant to paragraph 1 of
this Article are:
3.1. the state prosecutor has not demonstrated the grounded suspicion detailed in Article
260 paragraph 1 of this Code;
3.2. the state prosecutor has not described the necessity for the temporary restraint order
as detailed in Article 260 sub-paragraph 3.2 of this Code; or
3.3. in the case of specified property that is an instrumentality of a criminal offense owned
by a third party and is not a tainted gift, the third party has proved that he owns the
specified instrumentality and did not know or could not have reasonably suspected that
the property was used as an instrumentality.
4. The only grounds for an appeal by the state prosecutor pursuant to paragraph 1 of this Article
are:
4.1. the state prosecutor has demonstrated the grounded suspicion detailed in Article 260
paragraph 1 of this Code;
4.2. the state prosecutor has described the necessity for the temporary restraint order as
detailed in Article 260 sub-paragraph 3.2 of this Code; and
4.3. in the case of specified property that is an instrumentality of a criminal offense owned
by a third party and is not a tainted gift, the third party has not proved that he owns the
specified instrumentality and did not know or could not have reasonably suspected that
the property was to be used as an instrumentality.

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 IV APPEAL AGAINST RULING
Article 408
Rulings and Orders that can be Appealed
1. An appeal against a ruling or order of a pre-trial judge and against other rulings or orders
rendered in the Basic Court may be filed by the parties and persons whose rights have been
violated in accordance with Article 411 of the present Code, unless an appeal is explicitly
prohibited by the provisions of the present Code.
2. No appeal is permitted against a ruling or order rendered by the review panel in the pre-trial
stage of the proceedings, unless otherwise provided for by the present Code.
3. A ruling or order rendered in connection with the preparation of the main trial and judgment
may only be challenged in an appeal against the judgment, unless otherwise provided for by
the present Code.
4. No appeal is permitted against a ruling rendered by the Supreme Court of Kosovo.

PART FOUR SPECIAL PROCEEDINGS
CHAPTER XXXIII CRIMINAL PROCEEDINGS INVOLVING PERPETRATORS WITH A MENTAL DISORDER
Article 510
Ruling on Competence to Stand Trial
1. The court, ex officio or upon the motion of the defense counsel or state prosecutor, issues
a ruling on the competence of the defendant to stand trial after reviewing the report of the
expert issued pursuant to Article 508 of the present Code and hearing the state prosecutor, the
defense counsel and the defendant.
2. The court rules that the defendant is incompetent to stand trial if he currently has a mental
disorder and owing to such mental disorder, he is unable to defend himself, to consult with
defense counsel or to understand the proceedings.
3. A ruling on the competence of the defendant to stand trial may be appealed.