''Chapter VII: Justice System, Article 102: General Principles of the Judicial System''

5.The right to appeal a judicial decision is guaranteed unless otherwise provided by law.

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 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.
2. Until the Court of Appeals renders its decision on the appeal, the appellant may withdraw his
appeal. The withdrawal of an appeal may not be revoked.
3. An appeal filed in due time by an authorized person stays the execution of the judgment.
Article 381
Persons Authorized to File Appeals against Judgment
1. An appeal may be filed by the state prosecutor, the defense counsel, the accused, the
legal representative of the accused, the injured party or victim and victim advocate or victim’s
representative.
2. The state prosecutor may file an appeal either to the detriment or to the benefit of the accused.
3. An injured party or victim may challenge a judgment only with respect to the court’s decision
on the penal sanctions for trafficking in human beings, domestic violence, criminal offenses
committed against life or body, against sexual integrity, against the security of public traffic, and
on a property claim when the defendant has been found guilty, as well as on the cost of criminal
proceedings as it relates to him.
4. An appeal may also be filed by a person whose property has been confiscated.
Article 382
Content of the Appeal against Judgment
1. The appeal against judgment shall comply with Article 376 of the present Code, but shall
additionally include:
1.1. an indication of the judgment against which the appeal is filed;
1.2. the grounds for challenging the judgment under Article 383 of the present Code;
1.3. a motion to reverse the challenged judgment in whole or in part, or to modify it;
1.4. the reasoning of the appeal; and
1.5. the signature of the applicant of the appeal.
2. If an appeal is filed by an accused or an injured party who are not represented by counsel,
and the appeal is not drawn up in accordance with the provisions of paragraph 1 of the present
Article, the single trial judge or presiding trial judge requests the appellant to supplement it
within a certain prescribed period of time by a written submission. If the appellant does not
comply with the request under Article 376 of the present Code or paragraph 1 of the present
Article, the single trial judge or presiding trial judge dismisses it.
3. New evidence and facts may be presented in the appeal but the appellant shall be bound
to give reasons for failing to present them before. In referring to new facts the appellant shall
indicate the evidence by which these facts may be proven, and in referring to new evidence he
shall indicate the facts which he intends to prove by that evidence.
4. If the appellant asserts grounds for appeal but did not raise those grounds with the Basic
Court during the initial hearing or main trial, the appellant may not raise those grounds unless
he can assert an extraordinary reason or new evidence or facts under paragraph 3 of the
present Article.
Article 383
Grounds for Exercising an Appeal against the Judgment
1.A judgment may be challenged:
1.1. on the ground of a substantial violation of the provisions of criminal procedure;
1.2. on the ground of a violation of the criminal law;
1.3. on the ground of an erroneous or incomplete determination of the factual situation; or
1.4. on account of a decision on penal sanctions, confiscation, costs of criminal
proceedings, property claims as well as on account of an order to publish a judgment.
2. A judgment cannot be challenged on the ground of an erroneous or incomplete determination
of the factual situation when there is a plea agreement or when the accused has pleaded guilty
to all counts or some of the counts of the indictment and the trial panel has accepted such plea.
Article 384
Substantial Violation of the Provisions of Criminal Procedure
1. There is a substantial violation of the provisions of criminal procedure which shall be
recognized ex-officio or upon motion of the parties if:
1.1. the court was not properly constituted or the participants in the rendering of the
judgment included a judge who did not attend the main trial or was excluded from
adjudication under a final decision;
1.2. a judge who pursuant to Articles 38-42 of the present Code should be excluded from
participation in the main trial participated therein;
1.3. the main trial was conducted in the absence of persons whose presence at the main
trial is required by law;
1.4. the main trial was conducted in a language that the accused person does not
understand and no interpretation was provided;
1.5. the public was excluded from the main trial in violation of the law;
1.6. the court violated the provisions of the criminal procedure relating to the issue of
whether exists a charge by an authorized state prosecutor, a motion of the injured party
or the approval of the competent public authority;
1.7. the judgment was rendered by a court which lacked subject matter jurisdiction to
hear the case;
1.8. the accused, when asked to enter his plea, pleaded not guilty on all or certain counts
of the charge and was examined before the presentation of evidence;
1.9. the judgment was rendered in violation of Article 395 of the present Code; or
1.10 the judgment lacks completely a reasoning.
2. Substantial violation of provisions of criminal procedure is considered upon motion of the
parties only if it influenced the rendering of a lawful and fair judgment in the following cases:
2.1. omission or incorrect application of the present Code;
2.2. violation of the rights of the defense;
2.3. a judge who should be excluded from participation in the main trial participated
therein, if the existence of grounds for disqualification became known to the appellant
only after the conclusion of the main trial;
2.4. the court in its judgment did not fully adjudicate the substance of the charge or did
not adjudicate the request for confiscation;
2.5. the judgment was based on inadmissible evidence;
2.6. the judgment exceeded the scope of the facts charged; or
2.7. the judgment was not drawn up in accordance with Article 369 of the present Code.
Article 385
Violation of the Criminal Law
1. There is a violation of the criminal law when:
1.1. the offense for which the accused is prosecuted is not a criminal offense;
1.2. circumstances exist which preclude criminal liability;
1.3. circumstances exist which preclude criminal prosecution and, in particular, if criminal
prosecution is prohibited by the period of statutory limitation or precluded due to an
amnesty or pardon, or prior adjudication by a final judgment;
1.4. an inapplicable law was applied to the criminal offense;
1.5. in rendering a decision on punishment, alternative punishment or judicial admonition,
or in ordering a measure of mandatory rehabilitation treatment or the confiscation the
court exceeded its authority under the law; or
1.6. provisions were violated in respect of crediting the period of detention, house arrest,
any period of deprivation of liberty and an earlier served sentence related to the criminal
offense subject to the criminal proceedings.
Article 386
Erroneous or Incomplete Determination of the Factual Situation
1. A judgment may be challenged on grounds of an erroneous or incomplete determination of
the factual situation.
2. There is an erroneous determination of the factual situation when the court determines a
material fact incorrectly or when the contents of documents, records on evidence examined or
technical recordings seriously undermine the correctness or reliability of the determination of a
material fact.
3. There is an incomplete determination of the factual situation if the court fails to establish a
material fact.
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.
Article 388
Procedure of Filing Appeals against Judgments
1.The appeal against judgment is filed with the court which rendered it.
2.The presiding judge of the court of first instance or pre-trial judge dismisses an appeal with a
ruling:
2.1. as belated if it establishes that it was filed after the expiration of the period of time
prescribed by law;
2.2. as impermissible if it is established that it was filed by a person not entitled to file an
appeal, or by a person who has renounced the appeal or the appeal was withdrawn, or
after withdrawal the appeal was filed again or if the appeal was not permitted under the
law.
3. This court serves a copy of the appeal on the other parties, which may file a reply to the
appeal within eight (8) days of service. Upon receipt of the reply, the court will proceed in
accordance with Article 377 paragraph 3 of the present Code.
4. This court transmits the appeal, the reply, and related files to the court competent to hear the
appeal.
5. Any appeal or reply under this Article is filed with a sufficient number of copies for the court
and for the other parties.
6. An appeal may be filed against the ruling from paragraph 2 of this Article at the Court of
Appeals.
Article 389
Procedure related to the appeal against a judgment at the Court of Appeals
1. Upon receiving the files, the Secretary of the Court of Appeals will send the files to the state
prosecutor within the Appellate Prosecution Office who examines and returns them to the court
without delay at latest within seven (7) days with the proposal or declares that he will file it at
the appellate panel session.
2. After the appellate state prosecutor has returned the files, the case is assigned to the reporting
judge.
3. The reporting judge may, when necessary, secure a report on violations of provisions of
criminal procedure from the Basic Court, and he may also verify through that court, or in some
other way, the allegations in the appeal relating to new evidence and new facts or he may
secure the necessary reports or documents from other agencies or legal persons.
4. Upon the review of the case, the reporting judge will inform the presiding judge who will
schedule a session of the appellate panel.
5. If the accused is in detention on remand, the reporting judge examines ex officio whether
reasons for detention on remand still exist within five (5) days upon receiving the case file.
Article 390
Session before Appeal Panel
1. When an imprisonment sentence has been imposed on the accused or when there are
allegations presented for hearing the facts and law to do the evaluation regarding the guiltiness
or innocence, the notification for the session of the panel shall be sent to the Appellate
Prosecutor, to the injured party and his defense counsel or to the representative of the victims,
to the accused and his defense counsel.
2. If an accused held in detention on remand or serving his sentence wishes to attend the
session he will be allowed to do so.
3. The session of the panel opens with the report of the reporting judge on the facts. The panel
may ask the parties, the defense counsel, or other appellants who are present at the session
to provide necessary explanations concerning allegations in the appeal. They may make
motions that certain files be read as a supplement to the report and may provide the necessary
explanations of their positions as contained in the appeal or in the reply to the appeal, without
repeating the contents of the report and their written submission.
4. If parties or other appellants who were duly notified of the session fail to appear, this does
not prevent the holding of the panel session. If the accused failed to report a change in address
or current residence, the panel may hold the session even though the accused has not been
advised thereof.
5. The public may be excluded from the session of the panel held in the presence of the parties
only under conditions provided for by the present Code.
6. The record of the session is enclosed with the court file.
7. Rulings under Articles 399 and 400 of the present Code may be rendered without informing
the parties or other appellants about the session of the panel.
Article 391
Decisions of Appeals Panel Made in Session or in Hearing
1. The Court of Appeals takes its decision in a session of the panel or in a hearing.
2. The Court of Appeals decides in a session of the panel whether to conduct a hearing.
Article 392
Grounds for Holding a Hearing at the Court of Appeals
1. A hearing before the Court of Appeals is conducted only when it is necessary to take new
evidence or to repeat evidence already taken due to an erroneous or incomplete determination
of the factual situation, and when there are valid grounds for not returning the case to the Basic
Court for retrial.
2. A summons to appear at the hearing before the Court of Appeals is served on the accused
and his defense counsel, the appellate state prosecutor, the injured party, the victim advocate
or victim’s representative, and those witnesses and expert witnesses whom the court decides
to hear pursuant to the motion of the parties or ex officio.
3. If the accused is in detention on remand or is serving his sentence, the presiding judge of
the Court of Appeals takes the necessary steps for the accused to be brought to the hearing.
Article 393
Hearing before Appeal Panel
1. The hearing before the Court of Appeals starts with the report of the reporting judge who
presents the factual situation without giving his opinion on whether the appeal is well-founded.
2. The judgment or the part of judgment to which the appeal relates, and, if necessary, also the
record of the main trial, is read upon a motion or ex officio.
3. After that the appellant is called to set out his appeal and the opposing other party to give his
reply. The accused and his defense counsel shall always have the last word.
4. The parties may present new evidence and new facts during the hearing.
5. The appellate state prosecutor may, having regard to the outcome of the hearing, withdraw
the indictment completely or a part thereof or he may amend it in favour of the accused.
Article 394
Scope of Appeal Review by the Court of Appeals
1. The Court of Appeals examines the part of the judgment which is challenged by the appeal. In
addition, when an appeal is filed, the court examines ex officio whether there exists a violation
of the provisions of criminal procedure under Article 384 paragraph 1 of this Code or whether
the criminal law was violated to the detriment of the accused.
2. If an appeal is filed to the detriment of the accused, the court examines ex officio whether
there has been a violation regarding the penal sanction as to the type of sanction provided
by the law. The court always examines ex officio whether the law has been violated to the
detriment of the accused.
Article 395
Reformatio in Peius
Where only an appeal in favour of the accused has been filed, the judgment may not be modified
to the detriment of the accused with respect to the legal classification of the offense and the
penal sanction imposed.
Article 396
Additional Effect of the Appeal Based on the Erroneous and Incomplete Determination
or Violation of Criminal Law
An appeal filed in favour of the accused on the ground of an erroneous and incomplete
determination of the factual situation or on the ground of a violation of criminal law includes an
appeal against the decision on punishment, mandatory rehabilitation treatment and confiscation.
Article 397
Beneficium Cohaesionis
If upon an appeal the Court of Appeals finds that the reasons which governed its decision in
favour of the accused, and which are not of a purely personal nature, are also to the advantage
of a co-accused who has not filed an appeal or has not filed an appeal along the same lines, the
court proceeds ex officio as if such appeal was also filed by the co-accused.
Article 398
Decision of the Court of Appeals on the Appeal against Basic Court Judgment
1. The Court of Appeals may in a session of the panel or on the basis of a hearing:
1.1. dismiss an appeal as belated or inadmissible;
1.2. reject an appeal as unfounded and affirm the judgment of the Basic Court;
1.3. annul the judgment and return the case to the Basic Court for retrial and decision; or
1.4. modify the judgment of the Basic Court.
2. The Court of Appeals may direct the Basic Court to assign, based on an objective and
transparent case allocation system, a new single trial judge, presiding trial judge or trial panel
if the Court of Appeals determines that the assigned single trial judge, presiding trial judge or
trial panel has consistently failed to apply the law correctly, grossly mischaracterized evidence
or the failure to reassign the judge or panel would result in a miscarriage of justice or conflict of
interest.
3. The Court of Appeals determines all appeals of the same judgment by a single decision.
4. A decision of the Court of Appeals is signed by all the judges in the panel, except for a
decision issued under Article 399 or 400 of the present Code. A member of the panel may
submit a dissenting or concurring opinion on legal or factual questions regarding the appeal and
such opinion will be attached to the main decision.
Article 399
Dismissal of Late Appeals
The Court of Appeals dismisses an appeal as belated by a ruling if it establishes that it was filed
after the expiry of the legal deadline.
Article 400
Dismissal of Impermissible Appeal
The Court of Appeals dismisses an appeal as not permitted by a ruling if it is established that
it was filed by a person not entitled to file an appeal or by a person who has renounced the
appeal, or if withdrawal from the appeal is established or if it is established that after withdrawal
the appeal was filed again or if the appeal was not permitted under the law.
Article 401
Rejection of Unfounded Appeals and Affirmation of Judgment of Basic Court
The Court of Appeals rejects by a judgment an appeal as unfounded and affirms the judgment
of the Basic Court if it establishes that there are no grounds to challenge the judgment and no
violations of the law under Article 384 paragraph 1 of the present Code.
Article 402
Annulment of Judgment of Basic Court
1. The Court of Appeals, in exceptional cases, annuls by a ruling the judgment of the Basic
Court and returns the case for retrial if:
1.1. there exists a substantial violation of provisions of criminal procedure, and the Court
of Appeals cannot proceed under Article 403 of the present Code; or
1.2. a new main trial before the Basic Court is necessary because of an erroneous or
incomplete determination of the factual situation and the Court of Appeals cannot proceed
under Article 403 of the present Code.
2. The ruling shall contain clearly the reasons and grounds for which the Court of Appeals
cannot proceed under Article 403 of the present Code.
3. The Court of Appeals annuls by a ruling the judgment of the Basic Court and rejects the
indictment, if it is established that the circumstances under Article 357 paragraph 1 of the
present Code apply. The Court of Appeals proceeds in the same way if it finds that the Basic
Court lacked subject matter jurisdiction to adjudicate the case, except where the appeal was
filed only in favour of the accused.
4. The Court of Appeals may annul the judgment of the Basic Court partially if particular parts of
the judgment can be addressed separately without prejudice to a correct adjudication.
5. If the accused is in detention on remand, the Court of Appeals examines whether there are
still grounds for detention on remand and extends or terminates detention on remand by a
ruling. No appeal is permitted against this ruling.
Article 403
Modification of Judgment of Basic Court
1. Upon the request of the parties or ex officio, the Court of Appeals modifies by a judgment
the judgment of the Basic Court if it determines that the Basic Court had made erroneous or
incomplete determination of facts, and for this purpose:
1.1. upon the request of the parties or acting ex officio, may hold a hearing to take new
evidence or to repeat evidence in order to properly determine and assess the material
facts; or
1.2. may properly determine and assess the material facts without a hearing, if there is
no need to take new evidence or to repeat evidence.
2. The Court of Appeals modifies the judgment in case of substantial violation of the provisions
of Criminal Procedure foreseen in Article 384 paragraph 2 of this Code if:
2.1. the enacting clause does not entirely correspond or is in contradiction with the
reasoning but there is no erroneous or incomplete determination of the factual situation;
or
2.2. the enacting clause does not entirely correspond or is in contradiction with the
reasoning and the Court of Appeals determined and assessed the material facts pursuant
to paragraph 1 of this Article.
3. The Court of Appeals modifies the judgment in case of substantial violation of provisions of
criminal procedure foreseen in Article 384 paragraph 2 of this Code raised by the parties if the
Court of Appeals is able to rectify it.
4. If the Court of Appeals finds that there are legal grounds for a judicial admonition, it modifies
the judgment of the Basic Court by a judgment and render a judicial admonition.
5. Where due to a modification of the judgment of the Basic Court there are grounds for ordering
or cancelling detention on remand, the Court of Appeals renders a separate ruling thereon. No
appeal against this ruling is permitted.
Article 404
Reasoning of Appeals Court Decisions
1. In the statement of grounds for its judgment or ruling the Court of Appeals assesses the
contentions which are the subject of the appeal and indicates the violations of law which it has
recognized ex officio.
2. If the judgment of the Basic Court is annulled on grounds of a substantial violation of provisions
of criminal procedure the statement of grounds contains an indication of the provisions which
were violated and the nature of the violation in accordance with Article 384 of the present Code.
3. If the judgment of the Basic Court is annulled on grounds of an erroneous or incomplete
determination of the factual situation, the statement of grounds indicates what the deficiencies
in the factual determination are, or why new evidence and new facts are important for reaching
a correct decision and why they influence that decision.
Article 405
Decisions Returned to Basic Court for Service
1. The Court of Appeals returns all files to the Basic Court together with a sufficient number of
certified copies of its decision to be served on the parties and other persons concerned.
2. If the accused is in detention on remand, the Court of Appeals sends its decision and the files
to the Basic Court no later than three (3) months from the day it has received the files from this
court.
Article 406
Retrial Proceedings at the Basic Court Based on a Ruling of the Court of Appeals
1. The Basic Court to which a matter has been referred for adjudication proceeds on the basis of
the prior indictment. If the judgment of the Basic Court has been partly annulled the court takes
as its basis only that part of the indictment which refers to the annulled part of the judgment. The
retrial thus commences from the main trial stage.
2. The parties are entitled to introduce new facts and present new evidence at the new main
trial.
3. The Basic Court undertakes all procedural actions and examines all contentious points
indicated in the decision of the Court of Appeals.
4. In rendering a new judgment, the Basic Court is bound by the prohibition provided for by
Article 395 of the present Code.
5. If the accused is in detention on remand the trial panel of the Basic Court proceeds as
provided for in Article 190 paragraph 2 of the present Code.
Article 407
Appeal against Judgment from Court of Appeals to Supreme Court
1.An appeal against a judgment of Court of Appeals may be filed with the Supreme Court of
Kosovo if:
1.1. The Court of Appeals imposes a punishment of life long imprisonment or it upholds
a Basic Court judgment imposing such a punishment;
1.2. After the hearing the Court of Appeals makes different determination of the factual
situation from that of the basic court and bases its judgment in such determined factual
situation; or
1.3. The Court of Appeals modified the judgment of acquittal by the Basic Court and
rendered instead a judgment of conviction for the accused.
2. The Supreme Court of Kosovo shall decide on appeals against the judgment of the Court
of Appeals in a session of the panel of judges pursuant to provisions that apply for appellate
procedure in the second instance. There shall be no hearings at the Supreme Court.
3. A judgment of the Supreme Court shall be signed by all judges on the panel. A member of the
panel may submit a dissenting or concurring opinion on legal or factual questions regarding the
appeal and such opinion will be attached to the judgment.
4. Provisions of Article 397 of the present Code shall also apply against the co-accused who has
no right to file an appeal against Court of Appeals Judgment.
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.
Article 409
Deadline for Appealing the Ruling or Order
1. An appeal is filed with the court which has rendered the ruling or order.
2. Unless otherwise provided for by the present Code, an appeal against a ruling or order is filed
within three (3) days of the service of the ruling or order.
Article 410
Effect of the Appeal on a Ruling or Order
Unless otherwise provided for by the present Code, the filing of an appeal stays the execution
of the ruling or order being challenged.
Article 411
Procedure of Filing Appeals against the Ruling or Order
1. An appeal against a ruling or order may be filed by the state prosecutor, defense counsel,
defendant, injured party or victim, victim advocate or victim’s representative, and any person
for whom the ruling or order contains an obligation. An authorized party seeking an appeal
complies with this Chapter.
2. An appeal that does not comply with this Chapter may be summarily dismissed by the Court
of Appeals after ensuring that it does not raise an important issue of constitutionally protected
rights.
3. An appeal against a decision of the Basic Court is filed by the appellant with the Basic Court.
4. The Basic Court proceeds in accordance with Article 376 paragraph 3 and Article 377
paragraph 3 of the present Code.
5. The Basic Court transmits the appeal, the reply and the related files to the Court of Appeals.
6. An appeal on the ruling of the Court of Appeals is filed by an authorized party with the Court
of Appeals.
7. The Court of Appeals proceeds in accordance with Article 376 paragraph 3 and Article 377
paragraph 3 of this Code.
8. The Court of Appeals transmits the appeal, the reply and the related files to the Supreme
Court.
9. An appeal filed under paragraph 6 of the present Article that does not comply with this Chapter
may be summarily dismissed by the Supreme Court after ensuring that it does not raise an
important issue of constitutionally protected rights.
10. In instances under paragraph 2 or paragraph 9 of the present Article where an appeal raises
an important issue of constitutionally protected rights, but does not comply with this Chapter, the
appellant is given the opportunity to correct the appeal.
11. Any appeal or reply under this Article is filed with a sufficient number of copies for the court
and for the other party.
Article 412
The Procedure on the Appeal against the Ruling in the Court of Appeals
1. The Court of Appeals, upon receiving the files with the appeal, sends the files to the competent
state prosecutor within the Appellate Prosecution Office who examines and returns them to the
court without delay.
2. The state prosecutor may file his motion in returning the files, or may declare that he will file
it during the session of the appellate panel.
3. After the state prosecutor has returned the files, the presiding judge of the appellate panel
schedules the session of the panel.
Article 413
Rulings of Appeals Panel based on Filings or Made in Session
1. The Court of Appeals takes its ruling based on the appeal and motions filed or in a session
of the panel.
2. The Court of Appeals makes a ruling based on the appeal and motions filed only:
2.1. when there is no disputed legal or factual dispute, or
2.2. when the panel determines that a ruling or order is so clear that a session is
unnecessary.
3. A ruling by a panel of the Court of Appeals in compliance with paragraph 2 of the present
Article includes reasoning that supports the ruling under paragraph 2 of the present Article.
Article 414
Session before Appeal Panel
1. When the Court of Appeals receives an appeal against the ruling or order, the panel may
decide to hold a session in which it notifies: the appellate state prosecutor, the injured party or
victim, victim advocate or victim’s representative, the accused and his defense counsels, and
the other persons who appealed. The session opens with the report of the facts by the presiding
judge.
2.The session before the appeal panel is not public if the panel decides on appeal against ruling
or order rendered, before the commencement of the main trial.
3.Article 390 of the present Code applies mutatis mutandis to the procedure of appeal against
rulings or orders.
Article 415
Basis of Appeal on Ruling or Order
1. A ruling or order may be challenged:
1.1. on the ground of a violation of the provisions of criminal procedure;
1.2. on the ground of a violation of the criminal law; or
1.3. on the ground of an erroneous or incomplete determination of the factual situation.
2. The party appealing the ruling of the Basic Court must demonstrate that the violation of the
right causes an irreparable harm to the party.
3. If the basis of an appeal does not comply with paragraphs 1 and 2 of the present Article, the
Court of Appeals may dismiss the appeal. An appeal subject to dismissal under this paragraph
may be reasserted on an appeal against judgment under Article 380 of the present Code.
Article 416
Decisions on Appeals against Ruling or Order
1. An appeal against a ruling or order of the Basic Court is decided by the Court of Appeals in a
session of the panel, unless otherwise provided for by the present Code.
2. In deciding on an appeal the court may dismiss by a ruling the appeal as belated or
inadmissible, reject it as unfounded or accept it and modify the ruling or order, or annul it and
return it for reconsideration where necessary.
3. In deciding on an appeal against a ruling by which the indictment is dismissed, the court may
reject the appeal by a judgment if it finds that there are grounds for such judgment.
4. In examining an appeal, the court inquires ex officio into whether the Basic Court had the
subject matter jurisdiction to render the ruling or order and whether the ruling or order was
rendered by the authority empowered to render it.
5. The ruling of the Court of Appeals is signed by the presiding judge of the appellate panel.
6. Unless otherwise provided under the present Code, the session on the appeal against the
ruling or order is scheduled within thirty (30) days after the state prosecutor has returned the
files, unless extended by the President of the Court of Appeals upon the request of the presiding
judge of the panel.
7. Unless otherwise provided under the present Code, the ruling under this Article, is drawn
up in writing within fifteen (15) days after the session, unless extended by the President of the
Court of Appeals upon the request of the presiding judge of the panel.
8. Article 380 paragraph 3, Article 385 paragraph 1 sub-paragraphs 1.1 through 1.4, Articles
386, 395 and 397, Article 404 paragraphs 1 and 3, and Article 405 paragraph 1 of the present
Code apply mutatis mutandis to appeal against ruling or order.
Article 417
The Procedure on the Appeal against the Ruling in the Supreme Court
The procedure applicable in the Court of Appeals against a ruling of the Basic Court applies
mutatis mutandis to the procedure before the Supreme Court to decide on appeal against a
ruling of the Court of Appeals.
Article 418
Authorizations of Review Panel of Basic Court
1. An objection against an order of the pre-trial judge is decided by the review panel of the same
court if provided for by the present Code.
2. The president of the Basic Court appoints a review panel of three (3) judges. The three (3)
judges are competent to review the objection. The pre-trial judge is not permitted to participate
on the review panel.
3. Unless otherwise determined under the present Code, the review panel issues a ruling on the
objection from the parties within one (1) week of the filing of the objection.
4. Unless otherwise determined under the present Code, a ruling on the objection by the review
panel is reviewed by the Court of Appeals and the Supreme Court only upon an appeal of the
judgment.
5. The review panel decides on the objection based on the written submissions.
6. Unless otherwise provided for by the present Code, filing of an objection does not stay
execution of the order.
7. Article 380, paragraph 3, Article 404 paragraphs 1 and 3, Article 415, Article 416, paragraphs
2, 4 and 5 of the present Code apply mutatis mutandis to the proceedings of the review panel.
8. If the order is annulled or returned for reconsideration, in rendering a new order, the pretrial
judge will be bound by prohibition provided for by Article 395 of the present Code.