CEL Kosovo and CSGD Kosovo welcome the entry into force of the Criminal Code. Since 2013 when the Prime Minister of the Republic of Kosovo established the LGBTI Community Rights Advisory and Coordination Group in Kosovo, CSGD,
The Center for Equality and Freedom – CEL and the Center for Social Emancipation – QESh, have continuously advocated for improving the lives of LGBTI people in Kosovo.
As of April 14, 2019, the LGBTI community enjoys greater legal protection from “hate crimes” or crimes that are motivated by prejudice against the affiliation or impression of belonging to the LGBTI community. The amendments to the Criminal Code are very good news because they provide a concrete legal framework that makes it easier for the justice system to address the offenses that target the LGBTI community. The biggest innovation of the new Criminal Code is that sexual orientation and gender identity are included as elements in total seven offenses.
In the following we have presented the criminal offenses from the new Criminal Code which stipulates sexual orientation and gender identity as an element of the criminal offense.
Article 141
Encourage disunity and patience
“1. Anyone who incites or publicly incites hatred, division and intolerance among national, racial, religious, ethnic, and other groups, or on the basis of sexual orientation, gender identity, and other personal characteristics, in a manner that may disrupt public order is punishable by fine or imprisonment of up to five (5) years. (…) “
Article 173
Serious murder
“1. A person shall be punished by imprisonment of not less than ten (10) years or by life imprisonment:
(…)
1:10. deprives another person of his or her life motivated on the basis of nationality, language, religion or lack of religious faith, skin color, gender, gender identity, sexual orientation, or because of proximity to persons with one of these protected features; ”
Article 184
Attack
1. Whoever intentionally uses force on another person shall be punished by a fine or by imprisonment of up to one (1) year.
(…)
3. When the offense provided for in paragraph 1 of the present article is committed against the sensitive victim or is motivated by nationality, language, religion or belief, skin color, gender, gender identity, sexual orientation, or because of proximity with persons with one of these protected characteristics, the perpetrator shall be punished by:
3.1. imprisonment of up to three (3) years for the offense provided for in paragraph 1 of this Article; or
3.2. imprisonment of one (1) to three (3) years for the offense provided for in paragraph 2 of this Article. (…) “
Article 185
Light bodily injury
“1. Anyone who causes mild bodily harm to another person resulting in:
1.1. temporary damage or weakening of another person’s body or part of the body;
1.2. temporarily reducing another person’s ability to work;
1.3. the temporary disfigurement of the other person; or
1.4. temporary damage to the health of another person is punishable by a fine or up to three (3) years of imprisonment. (…)
3. When the offense provided for in this article is committed against a sensitive victim, or is motivated by nationality, language, religion or belief, skin color, gender, gender identity, sexual orientation, or because of proximity to persons with one of these protected characteristics the perpetrator is sentenced to:
3.1. imprisonment of six (6) months to three (3) years for the offense provided for in paragraph 1 of this Article; or
3.2. imprisonment of one (1) to five (5) years for the offense provided for in paragraph 2 of this Article. (…) “
Article 186
Severe bodily injury
“1. Anyone who causes serious bodily harm to another person or damages the health of another to such an extent that it may result in:
1.1. temporary or substantial weakening of another vital part of another person’s body;
1.2. temporary disabling, temporary or substantial reduction or permanent impairment of another person’s ability to work; or
1.3. temporary and serious damage to the health of another person is punishable by imprisonment of six (6) months to five (5) years.
2. Whoever inflicts bodily harm or damages the health of the other person results in:
2.1. endangering the life of the other person;
2.2. permanently disabling or weakening a vital part of the other person’s body;
2.3. permanent disabling of the ability of the other person for any kind of work;
2.4. the permanent disfigurement of the other person; or
2.5. permanent damage to the health of another person is punishable by imprisonment of one (1) to ten (10) years. (…)
4. When the offense provided for in paragraph 1, 2 or 3 of this article is committed against a sensitive victim, or is motivated by nationality, language, religion or lack of religious belief, skin color, gender, gender identity, sexual orientation, or because of proximity to persons with one of these protected characteristics, the perpetrator shall be punished by:
4.1. imprisonment of one (1) to five (5) years for the offense provided for in paragraph 1 of this Article;
4.2. imprisonment of two (2) to ten (10) years for the offense provided for in paragraph 2 of this Article; or
4.3. imprisonment of five (5) to ten (10) years for the offense provided for in paragraph 3 of this Article.
5. When the offense provided for in paragraphs 1, 2, 3 or 4 of this Article results in the death of the other person, the perpetrator shall be punished by imprisonment of five (5) to fifteen (15) years. ”
Article 190
Violation of equal status of citizens and residents of the Republic of Kosovo
“1. Anyone who, because of national or ethnic origin, race, religion, or non-affiliation, or because of political or other beliefs, gender, disability, gender identity, sexual orientation, language, education, position deprives or restricts another’s rights as set forth in the Constitution, law or other provisions, other general acts or ratified international agreements, or grants privileges or favors based on these differences are punishable by imprisonment of up to three (3) years. ”
Article 321
Destruction or damage to property “
1. Whoever destroys, damages, or renders the property of another person unusable in circumstances other than those set forth in Article 322 of this Code shall be punishable by a fine or by imprisonment of up to one (1) year. (…)
4. When the offense provided for in paragraph 1 of the present article has been committed on grounds of nationality, language, religion or religion, skin color, gender, gender identity, sexual orientation, or proximity with persons with one of these protected characteristics, the perpetrator shall be punished by imprisonment of up to three (3) years. ”
