Kosovo/Kosova As Seen, As Told
The criminal legislation in force in Kosovo was based on two penal codes, the Criminal Code of the
Republic of Serbia (KZRS) (republican law), and the Criminal Code of the Federal Republic of
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Yugoslavia (KZSRJ). A special section of the KZSRJ deals with "Criminal acts against the bases of
the socialist self-managing social system and the security of SFRJ" (Chapter XV). This section, and
mainly Articles 125 and 136, contains the provisions that formed the basis for most of the "terrorist"
cases tried in Kosovo during the period covered by this report.
Terrorism
Article 125 KZSRJ
Whoever causes an explosion, fire or takes some other generally dangerous action out of
hostile motives against the [FRY], or commits an act of violence which may create a
feeling of personal insecurity in citizens or in a group of citizens, shall be punished by
imprisonment for not less than five years.
Associating for the purpose of hostile activities (against the people and the state)
Article 136 KZSRJ
(1) Whoever sets up a cabal, band, group or any other association of persons for the
purpose of committing criminal acts under [Article] 125…, or whoever forms a group for
the purpose of transferring or dispatching citizens of the [FRY] abroad for the sake of
carrying out hostile activities against the [FRY], shall be punished by imprisonment for
not less than five years.
(2) Whoever becomes a member of an association referred to in paragraph 1 of this article,
shall be punished by imprisonment for not less than one year.
(3) The member of an association referred to in paragraph 1 of this article who exposes
the association before he has committed a criminal act defined in the provisions of this
chapter in the association's ranks or on its account, shall be punished by imprisonment for
a term not exceeding three years, but the court may also refrain from imposing a
punishment on him.
Being an accessory to criminal acts
Article 137 (1) Whoever conceals, shelters or gives food, material, money and other
means to the perpetrator of a criminal act referred to in [article] 136 … of this law,
whoever serves him in maintaining liaison, undertakes actions aimed at obstructing the
discovery or apprehension of the offender, or renders him assistance in any other way,
shall be punished by imprisonment for not less than one year.
(2) The sentence for the acts referred to in paragraph 1 of this article may not be more
severe by neither its type nor its gravity [sic] than the sentence prescribed for the criminal
act which was the subject of the assistance.
http://www.osce.org/kosovo/documents/reports/hr/part1/ch10.htm (4 of 18)12/5/2003 11:52:22 AM
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