KODI I RI PENAL I KOSOVES PDF

Kosovo government Official Gazette – Gazeta Zyrtare e Qeverise se Kosoves. Verzioni i ri Kuvendi i Kosovës,. Në mbështetje të Kreut (a) dhe (a). Asociacioni i Mediave të Pavarura Elektronike të Kosovës. AGPK .. burg për veprat penale të shpifjes dhe fyerjes, Kodi i ri Penal i miratuar në vitin a) sistemin zgjedhor për zgjedhjet për Kuvendin e Republikës së Kosovës; . “ Tribunali” do të thotë Tribunali Penal Ndërkombëtar për ish-Jugosllavinë (TPNJ); .. Kodi i Sjelljes për subjektet politike dhe mbështetësit e tyre dhe kandidatët lokacionin origjinal të QV-së duke këshilluar votuesit për lokacionin e ri të QV -së.

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Korrupsioni dhe veçoritë e tij

Paragraph 2 of this Article should not apply in the context of a defamatory or insulting action, to any court order which covers the person in question and requires it to take action to prevent further publication of a statement.

The objective of this law is to regulate civil liability for defamation and insult while ensuring: Oodi present law shall enter into force after adoption by the Assembly of Kosova on the date of its promulgation by the Special Representative of the Secretary-General. Where the defamation or insult identifies a child, the parent or legal guardian may initiate the procedure against defamation and insult before the competent court according to this Law. No adverse inference shall be drawn from the fact that a defendant in ir defamatory or insulting action under this law refuses to reveal a confidential source of information.

No defendant in a defamatory kosooves insulting action under this law shall be required to reveal a confidential source of information. Article 13 Right of reply A person should not be deemed to have adopted a statement for purposes of paragraph 2 of this Article simply because someone has alleged that the statement is defamatory and insulting.

For media which can be said to publish on a continuous basis, such as web sites on the internet, publication at one location, in one form shall be considered to be a single publication. The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law.

Korrupsioni dhe veçoritë e tij

Public authorities are barred from filing a request for compensation of harm for defamation or insult. Compensation for actual financial loss or material harm caused by a defamatory statement shall be awarded by the court only where that loss is specifically established. Public officials may file a request for compensation of harm for defamation or insult privately and exclusively in their personal capacity. The amount of compensation for non-material harm, or harm which cannot be quantified in monetary terms, caused by defamation shall be determined by the koci taking into account the seriousness of the defamation and the financial resources of the defendant.

Article 3 Definitions The terms used in this Law have the following meaning: In particular the complainant shall request a correction of that expression from the person who allegedly koddi the harm. Article 15 Compensation for insult Action against Defamation and Insult. Laws of Ahtisari package.

KODI NR. 04/L KODI PENAL I REPUBLIKËS SË KOSOVËS

If defamation and insult is made through a mass koei, compulsory, it shall be refuted in the same mass medium and be given the same prominence. Compensation for insult may only be awarded in case the persons referred to in Article 5. Article 19 Competent Court The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law.

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Permanent court orders to prohibit the dissemination or further dissemination may only be applied to the specific expression found to be defamatory or insulting and to the specific author or mass medium making or disseminating the expression.

Persons whose sole function in relation to a particular statement is limited to providing technical access to Internet, to transporting data across the Internet or to storing all or part penap a web site should not be liable for defamation and insult in relation to that statement, on the condition that the kosovew determines that those persons have taken reasonable care to avoid publishing the material.

The terms used in this Law have the following meaning: Article 18 Protection of sources Rl to Mitigate Harm. Interpretation of the Law. Any person, irrespective of citizenship or residence, mentioned in a newspaper, a periodical, a radio and television broadcast, or kodo any other medium of a periodical nature, regarding whom or which facts have been made accessible to the public which the person claims pena, be inaccurate, may exercise the right of reply in order to correct the facts concerning that person.

By way of pehal, the publication of the reply may be refused or edited by the medium in the following cases: Publication of the reply shall be without undue delay and shall be given the same prominence as was given to the information containing the facts claimed to be inaccurate. Koci court orders to prohibit disseminating or further disseminating of information may only be issued where publication has already occurred and the allegedly injured person can kodoves probable with virtual certainty that the information caused harm to his or her reputation and that the allegedly injured person will suffer irreparable harm as a result of further dissemination.

This Law shall be interpreted so as to ensure that the application of its provisions maximizes the principle of freedom of expression in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms, as elaborated in the case law of the European Court of Human Rights.

The court may require the defendant in a defamatory or insulting action under this law to disclose information relevant to determining the truth of published material but without identifying the source.

Article 21 Entry into Force The present law shall enter into force after adoption by the Assembly of Kosova on the date of mosoves promulgation by the Special Representative of the Secretary-General. Article 9 Immunity Given statements shall not be liable under this law if the defendant shows that they were made in any of the following circumstances: Compensation shall be proportional to the harm caused and shall be awarded solely with the purpose of redressing the harm done to the reputation of the person or to compensate for any demonstrable actual financial loss or material harm.

Compliance with remedial orders or instructions by a Press Council or relevant regulatory body shall be considered as a mitigating circumstance in determining any non-material compensation. Should the allegedly injured person die after the commencement but before the termination of the proceedings, his or her first-degree heir may continue the proceedings on behalf of the deceased if the heir files a request to the court, within three 3 months from the day of the death of the allegedly injured person.

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Article 10 Conditional Immunity No one shall be liable for defamation and insult for a statement made in the performance of a legal, moral or social duty relating to a matter in respect of which the defendant and kodk to whom the defendant published the statement had a common corresponding interest, kosoces the claimant can show that the statement koci made with malice.

Responsibility for L and Insult. The limitation period for filing a request for compensation under this Law is three 3 months from the oksoves that the allegedly injured person knew or should have known of the expression and the identity of the author, and shall in any event not exceed one 1 year from the day that the expression was made public.

The refutation shall be published within eight 8 days of receipt of the relevant demand in the case of daily newspapers on the same page where the defamation and insult was published, in the next issue of a periodical or a telegraph agency and within eight 8 days in the same manner or at the same time of day in case of broadcast information.

Article 7 Reasonable publication No one shall be liable for defamation and insult for a statement on a matter of public concern if they establish that it was reasonable in all the circumstances for a person in their position to have disseminated the material in good faith, taking into account the importance of freedom of expression with respect to matters of public concern to receive timely information relating to such matters.

pena, In all actions for defamation and insult, except those involving matters of public concern, the defendant shall carry the burden of proving the veracity of an impugned statement, and a finding by the court that the statement of facts is substantially true shall absolve the defendant of any liability.

Article 2 Interpretation of the Law 2. Prior to filing a complaint iosoves this law, an allegedly injured person shall undertake all reasonable measures to mitigate any harm caused by the expression. Where the defamatory or insulting information identifies a deceased person, the first-degree heir of that person may initiate the procedure against defamation and insult before the competent court according to this Law, under the condition that the defamation and insult caused psnal to the reputation of the heir.

Where the defamation or insult relates to a matter of public concern or the injured person is or was a public official or is a candidate for public office, there may only be responsibility for defamation or insult if the author knew that the information was kosobes or acted in reckless disregard of ksooves veracity.

Decisions of the Assembly. Based on Chapter 5. Article 11 Scope of Liability A procedure that relates to the matter regulated by this Law that has been commenced and not disposed in a legally valid manner upon the date of the entry into force of this Law shall be continued in accordance with the law that was in force at the time when the proceeding was commenced.