Essen Europe Bochum Alicante Gibraltar Pristina Section 152

Essen Europe Bochum Alicante Gibraltar Pristina

Section 152 [Indicting Authority; Principle of Mandatory Prosecution] (1) The public prosecution office shall have the authority to prefer public charges. (2) Except as otherwise provided by law, the public prosecution office shall be obliged to take action in the case of all criminal offenses which may be prosecuted, provided there are sufficient factual indications.

Section 266 Breach of Trust (1) Whoever abuses the power accorded him by statute, by commission of a public authority or legal transaction to dispose of assets of another or to obligate another, or violates the duty to safeguard the property interests of another incumbent upon him by reason of statute, commission of a public authority, legal transaction or fiduciary relationship, and thereby causes detriment to the person, whose property interests he was responsible for, shall be punished with imprisonment for not more than five years or a fine. (2) Sections 243 subsection (2), 247, 248 a and 263 subsection (3), shall apply accordingly.

Section 9 Place of the Act (1) An act is committed at every place the perpetrator acted or, in case of an omission, should have acted, or at which the result, which is an element of the offense, occurs or should occur according to the understanding of the perpetrator. (2) Incitement or accessoryship is committed not only at the place where the act was committed, but also at every place where the inciter or accessory acted or, in case of an omission, should have acted or where, according to his understanding, the act should have been committed. If the inciter or accessory in an act abroad acted domestically, then German criminal law shall apply to the incitement or accessoryship, even if the act is not punishable according to the law of the place of its commission.

Article 16 [Citizenship; extradition) (I) No German may be deprived of his citizenship. Citizenship may be lost only pursuant to a law, and against the will of the person affected only if he does not become stateless as a result. (2) No German may be extradited to a foreign country. A different regulation to cover extradition to a Member State of the European Union or to an international court of law may be laid down by law, provided that constitutional principles are observed.

Section 7 Applicability to Acts Abroad in Other Cases (1) German criminal law shall apply to acts, which were committed abroad against a German, if the act is punishable at the place of its commission or the place of its commission is subject to no criminal law enforcement. (2) German criminal law shall apply to other acts, which were committed abroad if the act is punishable at the place of its commission or the place of its commission is subject to no criminal law enforcement and if the perpetrator: 1. was a German at the time of the act or became one after the act; or 2. was a foreigner at the time of the act, was found to be in Germany and, although the Extradition Act would permit extradition for such an act, is not extradited, because a request for extradition is not made, is rejected, or the extradition is not practicable.

UNMIK/REG/1999/24 12 December 1999 REGULATION NO. 1999/24 ON THE LAW APPLICABLE IN KOSOVO The Special Representative of the Secretary General, Pursuant to the authority given to him under United Nations Security Council Resolution 1244 (1999) of 10 June 1999, Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999 on the Authority of the Interim Administration in Kosovo, For the purposes of defining the law applicable in Kosovo, Hereby promulgates the following: Section 1 Applicable Law 1. The law applicable in Kosovo shall be: The regulations promulgated by the Special Representative of the Secretary-General and subsidiary instruments issued thereunder; and The law in force in Kosovo on 22 March 1989.

ENGLISH DRAFT VERSION of the penal Code of Kosovo Article 148 (Abuse of confidence) (1) Whoever while representing property interests of another person or while taking care of his property fails to perform his duty or abuses the powers vested in him with the intention to obtain material gain for himself or another person or to inflict damage on the person whose property interests he is representing or whose property is in his care shall be punished with three months to three years of imprisonment. (2) If the act from Para 1 of this article is committed by a foster parent or an attorney, he shall be punished with six months to five years of imprisonment.

Article 210 (Abuse of office) (1) An official person who, with the intention to obtain material gain for himself or another person or to inflict damage on another person, uses his official position or the authorization, exceeds the limits of his official authorization or fails to perform his official duty, shall be punished with three months to three years of imprisonment. (2) If the act from Para 1 of this article results in severe damage or in a severe violation of another person's right, the perpetrator shall be punished with three months to five years of imprisonment. (3) If by committing the act from Para 1 of this article, unlawful material gain has been obtained, the perpetrator shall be punished with six months to five years of imprisonment. (4) If the value of the obtained material gain exceeds thirty thousand dinars, the perpetrator shall be punished with one to ten years of imprisonment. (5) A responsible person in an organization of associated labor or in another self management organization or association or in a self management body, who commits the act from Para 1 to 4 of this article shall be punished with the penalty as stipulated for this act.

Essen Europe Bochum Alicante Gibraltar Pristina