''Chapter II: Fundamental Rights and Freedoms, Article 30: Rights of the Accused ''

1.to be promptly informed, in a language that she/he understands, of the nature and cause of the accusation against him/her;

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 5
Right to Fair and Impartial Trial within a Reasonable Time
1. Any suspected or accused person shall be guaranteed a fair and impartial trial.
2. The court shall be bound to carry out proceedings without delay and to prevent any abuse of
the rights of the participants in proceedings.
3. Any deprivation of liberty and in particular detention on remand in criminal proceedings shall
be reduced to the shortest time possible.
4. Anyone who is deprived of liberty by arrest shall be promptly informed, in a language he
understands, of the reasons for the deprivation of liberty. Everyone who is deprived of liberty
without a court order shall be brought before a judge of the Basic Court in the jurisdiction of
arrest within forty-eight (48) hours. That judge shall decide on his detention in accordance with
Chapter X of this Code.

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 10
Notification on the Reasons for the Charges, the Privilege against Self-incrimination
and Prohibition against Forced Confession
1. At his arrest and during the first examination, first appearance or first notification that he is a
defendant in the criminal proceedings, the defendant shall be promptly informed in a language
that he understands and, in detail, of the nature and reasons for the charge against him.
2. At his arrest and during the first examination, first appearance or first notification that he
is a defendant in the criminal proceedings or anytime during the criminal proceedings, the
defendant shall not be obliged to plead his case or to answer any questions and, if he pleads
his case, he shall not be obliged to incriminate himself or his next of kin nor to confess guilt. This
right is not implicated when a defendant has voluntarily entered into an agreement to cooperate
with the state prosecutor.
3. The defendant or any other participant in the proceedings shall be prohibited and punished
according to the law in force to impose a confession of guilt or any other statement by the use
of torture, force, threat or under the influence of drugs, or other similar measures.

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 ONE GENERAL PROVISIONS
CHAPTER VI THE INJURED PARTY OR VICTIM
Article 63
Rights of the Injured Party or Victim
1. The injured party or victim shall have the following rights:
1.1. the injured party or victim shall be treated in a respectful, sensitive, tailored,
professional and non-discriminatory manner by the police, state prosecutors, judges or
other body conducting the criminal proceedings;
1.2. if an injured party or victim of a crime can be identified, the police and state prosecutor
or other body conducting the criminal proceedings shall contact the injured party or victim
in a reasonable manner and inform him that he is an injured party;
1.3. when identified, the injured party or victim has the right to receive information,
without unnecessary delay, from his first contact with the police, state prosecutor or other
competent body conducting the proceedings, depending on the personal characteristics
of the victim, his specific needs, the type or nature of the criminal offence and the
circumstances of the criminal offence:
1.3.1. the type of support he can obtain including, where relevant, basic
information about access to medical support, psychological support, alternative
accommodation and any specific provisions as provided for in this Code or the law
following an individual assessment by the police, the state prosecutor, the judge or
other body conducting the criminal proceedings. The individual assessment shall
take into account the type or nature of the crime and the circumstances of the
crime;
1.3.2. the procedures for filing a motion with regard to a criminal offence and his
role in connection with such procedure;
1.3.3. how and under what conditions he can obtain protection, including protection
measures;
1.3.4. how and under what conditions he can access legal advice, legal aid and
any other sort of advice;
1.3.5. how and under what conditions he can access compensation;
1.3.6. how and under what conditions he is entitled to interpretation and translation;
1.3.7. if he is a foreign national, he has the right to notify or to have notified
and to communicate with the embassy, liaison office or the diplomatic mission
of the state of which he is a national or with the representative of a competent
international organization, if he is a refugee or is otherwise under the protection of
an international organization;
1.3.8. the available procedures for making complaints where his rights are not
respected by the police, state prosecutor or other competent body conducting the
proceedings;
1.3.9. the contact details for communication about his case;
1.3.10. the available restorative justice services; and
1.3.11. how and under what conditions expenses incurred as a result of his
participation in the criminal proceedings can be reimbursed.
1.4. the injured party or victim who is a victim of terrorism, organized crime, human
trafficking, gender-based violence, violence in a domestic relationship, sexual violence,
exploitation or discrimination and victim who have suffered considerable harm due to
the severity of the criminal offense as well as victims with disabilities and those who are
particularly vulnerable, shall be duly considered;
1.5. the injured party or victim has the right to be assisted to understand and to be
understood from the first contact with the police or other competent authority conducting
the proceedings and during any further necessary interaction he has with the police or
competent authority during the conduct of the criminal proceedings;
1.6. the injured party or victim may be accompanied by a person of his choice in the
first contact with the police, state prosecutor or other body conducting the proceedings
where, due to the impact of the crime, the victim requires assistance to understand or to
be understood;
1.7. the injured party or victim has the status of a party to the criminal proceeding;
1.8. the injured party or victim may be heard by the police, the state prosecutor or other
body conducting the criminal proceedings and provide evidence;
1.9. the injured party or victim shall have the right to receive information about the criminal
proceedings with regard to a criminal offense in relation to: any decision not to proceed
with or to end an investigation or not to prosecute the suspect or defendant with the
reasons why so, except in cases where the reasons are confidential or, alternatively, the
filing of an indictment against the defendant, the nature of the charges brought against
the defendant, the time and place of the main trial and the judgment of a court. The
police, the state prosecutor, the competent judge or other body conducting the criminal
proceedings, or correctional service, shall inform the injured party or victim, without delay,
when the person in detention on remand or serving a sentence for criminal offenses
concerning the injured party or victim, is released from or has escaped detention;
1.10. the injured party or victim has the right to receive information and communicate with
the police, state prosecutors, judges or other body conducting the criminal proceedings
in a simple and accessible language, orally or in writing. Such communication shall take
into account the personal characteristics of the injured party including any disability which
may affect the ability to understand or to be understood;
1.11. the injured party or victim has the right to choose whether to receive information
and communication or not, unless that information or communication must be provided
due to the rights of the victim to participate in the criminal proceedings. The injured party
or victim has the right to change his wish regarding the service of such information or
communication;
1.12. the injured party or victim is entitled to the rights provided in Article 14 of this Code
and, upon request, to the right of interpretation free of charge during any interviews or
questioning of the injured party and during court hearings if the injured party participates
in the criminal proceedings;
1.13. the injured party or victim, if he does not understand or speak the language of the
proceedings, is entitled to file a motion and complaint in a language that he understands
or by receiving the necessary linguistic assistance;
1.14. the injured party or victims shall, if he does not understand or speak the language
of the proceedings, receive translation, free of charge, of the written acknowledgment of
his motion or complaint filed, if they so request, and of the information essential to the
exercise of his rights in the criminal proceedings in a language that he understands. An
oral translation may be provided instead of a written translation if it does not prejudice the
fairness of the proceedings;
1.15. the injured party or victim has the right to legal representation and legal aid;
1.16. the injured party or victim has the right to compensation and reimbursement of
expenses incurred as a result of his participation in the criminal proceedings;
1.17. the injured party or victim has the right to request protection, including protection
measures as provided in this Code;
1.18. the injured party or victim has the right to access victim support services, including
the Victim Protection and Assistance Office;
1.19. the injured party or victim has the right to a reasonable, court-ordered restitution
from a defendant or defendants who have admitted to or been adjudged to be guilty
for the financial, physical and emotional harm caused by the commission of a criminal
offense for which the defendant or defendants have been adjudged guilty;
1.20. when court-ordered restitution from the defendant is not possible, the injured party
or victim has the right to claim compensation from the Crime Victim Compensation
Program;
1.21. a victim of gender based violence shall be enabled to avoid direct contact with the
defendant anytime when that is possible during the proceedings in the police, prosecution
or the court.
Article 64
Representatives of the Injured Party or of the victim
1. The injured party or victim may be represented by a representative who shall be a member
of the bar of Kosovo.
2. The injured party or victim may be represented by a victim advocate.
3. The injured party or victim may represent himself or herself.
4. The injured party or victim shall not be represented simultaneously by both representatives
under paragraphs 1. and 2. of this Article.
5. The victim advocate or victim’s representative is empowered to inform the injured party or
victim of his rights, represent the interests of the injured party or victim with the state prosecutor
and the court, assist the injured party or victim in claiming restitution and/or compensation for
damage and, when necessary, refer the injured party or victims to other service providers. The
victim advocate or victim’s representative acts on behalf of the injured party or victim when
necessary and appropriate to stop the violation of the injured party’s or victim’s rights and to
request action to guarantee his protection.

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 122
Warnings Required to be Read to Witnesses, Expert Witnesses, Defendants and
Cooperative Witnesses
1. At the beginning of the pretrial interview, pretrial testimony session, or Special Investigative
Opportunity, the state prosecutor shall read the following warning to the witness: “This is a criminal
investigation. You are obligated to testify. You are obligated to tell the truth. If you do not tell the
truth, you might be prosecuted under Article 382 or 383 of the Criminal Code. If you believe that
you may incriminate yourself as a result of answering a question, you may refuse to answer. If
you believe that you need the assistance of a lawyer as a result of answering a question, you
may hire and consult a lawyer. This criminal investigation seeks the truth and the most accurate
recollection of the facts that you can provide. If you do not understand the question being asked,
you should request that the question be asked differently. If you believe that there is a document
or other evidence that may help you answer a question more accurately or remember the facts
more vividly, you are obligated to tell us. If you require assistance, translation, or a reasonable
and brief break from this session, you should ask. Do you understand these rights?”
2. At the beginning of the pretrial interview, pretrial testimony session, or Special Investigative
Opportunity, the state prosecutor shall read the following warning to the expert witness: “This is
a criminal investigation of acts about which you have specialized knowledge. You are obligated
to testify. You are obligated to tell the truth. If you do not tell the truth, you might be prosecuted
under Article 382 or 383 of the Criminal Code. You are obligated to explain the steps you took
to obtain the specialized knowledge you have in this case. This criminal investigation seeks
the truth and the most accurate recollection of the facts that you can provide. If you do not
understand the question being asked, you should request that the question be asked differently.
If you believe that there is a document or other evidence that may help you answer a question
more accurately or remember the facts more vividly, you are obligated to tell us. If you require
assistance, translation, or a reasonable and brief break from this session, you should ask. Do
you understand these rights?”
3. At the beginning of the pretrial interview, pretrial testimony session, or Special Investigative
Opportunity, the state prosecutor shall read the following warning to the defendant: “This is a
criminal investigation of acts you may have committed. You have the right to give a statement
but you also have the right to remain silent and not answer any questions, except to give
information about your identity. You have the right not to incriminate yourself. If you choose to
give a statement or answer questions, you will not be under oath. The information you provide
may be used as evidence before the court. If you need an interpreter, one will be provided at
no cost to you. If you believe that you may incriminate yourself or a close relative as a result of
answering a question, you may refuse to answer. You have a right to a defense attorney and
to consult with him or her prior to and during the examination. If you do not understand the
question being asked, you should request that the question be asked differently. If you require
assistance, translation, or a reasonable and brief break from this session, you should ask. If you
do not understand these rights, you should consult with your attorney.”
4. At the beginning of the pretrial interview, pretrial testimony session, or Special Investigative
Opportunity the state prosecutor shall read the following warning to anyone who has been
declared a cooperative witness: “This is a criminal investigation of acts of which you have
direct knowledge. You have agreed to cooperate with this investigation. If you invoke your right
to remain silent, you will no longer be a cooperating witness. If you do not tell the truth, that
may be considered in your sentencing and you might be prosecuted under Article 384 of the
Criminal Code. Your defense attorney is present. If you believe that you need to consult your
attorney, you may. This criminal investigation seeks the truth and the most accurate recollection
of the facts that you can provide. If you do not understand the question being asked, you should
request that the question be asked differently. If you believe that there is a document or other
evidence that may help you answer a question more accurately or remember the facts more
vividly, you should tell us. If you require assistance, translation, or a reasonable and brief break
from this session, you should ask. Do you understand these rights?”
5. Warnings given under this Article shall be entered into the record.
6. Warnings given under this Article shall be submitted in writing to the defendant in a language
that he or she understands, together with the summons for testimony.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
D. PRETRIAL EXAMINATION OF THE DEFENDANT
Article 151
Right of the Defendant to Interpretation or Translation
1.The defendant is interrogated with the assistance of an interpreter or translator in the cases
provided by this Code.
2.When the defendant is deaf or dumb, questions are asked through a qualified sign language
interpreter or translator. If the interrogation cannot be carried out in this way, the person who
knows how to communicate with the defendant is invited to the role of interpreter or translator,
but not in cases of conflict of interest.
3.If the interpreter or translator has not been sworn in before, he swears that he will faithfully
translate the questions posed to the defendant and the statements given.
4.The interpreter or translator acts in accordance with Article 211 of this Code.

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 XI RECORDS
A. COMPILATION AND MAINTENANCE OF RECORDS
Article 205
Recording of Sessions by Audio Recording or Audio-Video Recording
1. Applicable sessions of pretrial testimony or special investigative opportunity session, or any
other examination or interview as necessary, shall be video-recorded or audio-recorded in
accordance with the following procedure:
1.1. the person examined shall be informed, in a language he fully understands and
speaks that the examination is to be audio- or video-recorded.
1.2. the recording must include the data under Article 202, paragraph 1. of this Code
and the appropriate notification under Article 122 of this Code, as well as the information
needed to identify the persons whose statements are being recorded. When the
statements of several persons are being recorded, it is necessary to ensure that it is
possible to identify clearly from the recording who made which statement.
1.3. in the event of an interruption in the course of the examination, the fact and the time
of the interruption shall be recorded before the audio- or video- recording ends as well as
the time of resumption of the examination.
1.4. at the conclusion of the examination, the person being examined shall be offered
the opportunity to clarify anything he has said and add anything he may wish. At the
request of the examined person, the recording shall be immediately played back and
corrections and explanations of that person shall be recorded. The time of conclusion of
the examination shall always be noted.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVI INDICTMENT AND PLEA STAGE
Article 239
Materials Provided to Defendant upon Indictment
1. No later than at the filing of the indictment the state prosecutor provides the defense counsel
or lead counsel or defendant if not represented by a defense counsel with one copy of the
following materials or copies thereof which are in his possession, control or custody, including
those in the possession, control or custody of the police, if these materials have not already
been given to the defense counsel during the investigation:
1.1. records of statements or confessions, signed or unsigned, by the defendant;
1.2. names of witnesses whom the state prosecutor intends to call to testify and any prior
statements made by those witnesses;
1.3. information identifying any persons whom the state prosecutor knows to have
admissible and exculpatory evidence or information about the case and any records of
statements, signed or unsigned, by such persons about the case;
1.4. results of physical or mental examinations, scientific tests or experiments made in
connection with the case;
1.5. criminal reports and police reports; and
1.6. a summary of, or reference to, tangible evidence obtained in the investigation.
2. The statements of the witnesses are made available in a language which the defendant
understands and speaks.
3. After the filing of the indictment, the state prosecutor provides the defense counsel with any
new materials provided for in paragraph 1. of this Article within ten (10) days of their receipt.
4. The provisions of this Article are subject to the measures protecting injured parties, witnesses
and their privacy and confidential information, as provided for by law.
5. When the state prosecutor fails to comply with obligations from paragraph 1. of this Article,
the chief prosecutor of the office is notified.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XXI LEGAL REMEDIES
SUB – CHAPTER III APPEALS AGAINST JUDGMENT
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.