PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB–CHAPTER II INITIAL STEPS BY THE POLICE
Article 83
Supplemental Information to Police Criminal Report
4. The state prosecutor may request necessary data from public entities and may for this
purpose summon the person who has submitted the criminal report.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER XII EVIDENCE DURING INVESTIGATION
A. APPLICATION OF THE DEFENDANT OR THE INJURED PARTY TO COLLECT OR PRESERVE EVIDENCE
Article 215
International Requests
1. The state prosecutor or competent judge shall, at the earliest possible time, initiate
international legal requests, requests for extraditions, requests for prisoner transfers or requests
for executions of judgments.
2.All international requests shall be made in compliance with the applicable legislation.
3. The state prosecutor or competent judge shall make all international requests in consultation
and compliance with the relevant Department for International Legal Cooperation in the Ministry
of Justice.
4. The Minister of Justice shall have final approval of all international requests made to foreign
governments.
5. The state prosecutor or competent judge shall not speak to media about pending or intended
international requests but shall refer the media to the Ministry of Justice.
6. Evidence obtained informally from foreign governments, law enforcement agencies,
prosecutors or courts shall be admissible if accompanied by a statement from that foreign
government, law enforcement agency, prosecutor or court which demonstrates that the evidence
is reliable and was obtained in accordance with the law of that foreign state. Such evidence may
not form the sole or decisive basis for a finding of guilt. Such information shall be accompanied
at the main trial by a notice of corroboration under Article 258 of this Code.
7. If the Department for International Legal Cooperation receives and approves a request for
assistance from a foreign government, the Department for International Legal Cooperation shall
assign the request to the appropriate state prosecutor, who shall initiate a criminal proceeding
with the limited purpose of obtaining the requested information or performing the requested
action. If the requested information or action is not permitted by the law or is not possible to
obtain or perform, the state prosecutor shall inform the Office of International Cooperation and
shall terminate the criminal proceeding.
PART FOUR SPECIAL PROCEEDINGS
CHAPTER XXXVII PROCEEDINGS FOR ISSUING WANTED NOTICE AND PUBLIC ANNOUNCEMENTS
Article 535
Conditions for Issuance of a Wanted Notice
3. Wanted notice shall also be ordered in cases when a defendant has escaped from the
institution in which he is serving his punishment, irrespective of the amount of punishment, or
when he escapes from the institution in which he is serving a measure of mandatory treatment
which consists of the deprivation of liberty. In this case the order shall be issued by the director
of the institution.
4. International wanted notice may be requested in any of the situations provided for by the
present Article, by the respective authority when the wanted person is not in Kosovo or when
there is evidence that such person resides outside of Kosovo.
5. The request of the court or director of the institution for issuing international wanted notice
should be sent to the competent authority for issuing and dissemination thereof.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.