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 12 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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