PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB–CHAPTER II INITIAL STEPS BY THE POLICE
Article 71
Authorization of Police
4.10. to interview witnesses or possible suspects in accordance with Article 74 of this
Code

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
C. TAKING PRE-INDICTMENT EVIDENCE
Article 118
Taking and Preserving Information or Evidence from Witnesses
1. The state prosecutor may interview a witness under Article 128 of this Code prior to taking
pretrial testimony, or he may instruct the police to conduct the interview.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
C. TAKING PRE-INDICTMENT EVIDENCE
Article 119
Pretrial Interviews, Pretrial Testimony and Special Investigative Opportunities
1. During the investigation stage, the evidence from witnesses and expert witnesses may be
taken in one of three (3) kinds of sessions: pretrial interviews, pretrial testimony or special
investigative opportunity.
2. The pretrial interview is conducted by the state prosecutor. A record of the interview will be
made and shall be placed in the file. Evidence obtained during the pretrial interview may be
used as a basis to substantiate pretrial investigative orders, orders for detention on remand,
and indictments. Evidence obtained during the pretrial interview may not be used as direct
evidence during the main trial, but may be used during examination, cross-examination and re-
examination, unless otherwise provided by this Code.
3. The pretrial testimony shall be conducted by the state prosecutor in accordance with Articles
129-130 of this Code. Evidence from the pretrial testimony shall be audio-recorded, audio and
video-recorded or transcribed verbatim. Evidence obtained during the pretrial testimony may be
used as a basis to substantiate pretrial investigative orders, orders for detention on remand, and
indictments. Pretrial testimony shall be admissible during the main trial for direct examination,
cross-examination and redirect-examination. Pretrial testimony may be used as direct evidence
during the main trial if the witness is unavailable due to death, illness, assertion of privilege
or lack of presence within Kosovo only if the defendant or defense counsel has been given
the opportunity to challenge it by questioning that witness during some stage of the criminal
proceedings.
4. The Special Investigative Opportunity shall be conducted before the pretrial judge in
accordance with Article 147 of this Code. Evidence from the Special Investigative Opportunity
shall be audio-recorded, audio and video-recorded or transcribed verbatim. Evidence obtained
during the Special Investigative Opportunity may be used as a basis to substantiate pretrial
investigative orders, orders for detention on remand, and indictments. Evidence from a Special
Investigative Opportunity shall be fully admissible during the main trial.
5. Statements provided by a defendant in any context, if given voluntarily and without coercion,
are admissible during the main trial against that defendant, but may not serve as sole inculpatory
or decisive evidence to convict the defendant that entered such statements. Statements provided
by a defendant in any context, if given voluntarily and without coercion, may not be used against
co-defendants in the same criminal proceedings or in separated proceedings, except when the
present code explicitly determines that such statements may serve as evidence.
6. After issuing an expert report, expert witnesses may be interviewed, provide pretrial testimony