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
4.5. to organize a search to locate an individual or an object being sought;
4.6. to search specific buildings and premises of public entities in the presence of a
responsible person and to examine specific documentation belonging to them according
to this Code;

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
B. SEARCH AND CONFISCATION
Article 103
Search and Temporary Sequestration of Evidence and Specified Property Detailed in
the Court Order
1. All searches shall be conducted pursuant to a court order unless otherwise allowed under the
laws of Kosovo.
2. Upon a court order of the pretrial judge, issued following a written application by the state
prosecutor, the police may search a residence, person, or other property and temporarily
sequester evidence or specified property.
3. The application by the state prosecutor for a search order must establish the sound probability:
3.1. that a criminal offense was committed; and
3.2. that the search will result in the arrest of a person or in the discovery and sequestration
of evidence or specified property.
4. A search order shall contain:
4.1. an identification of the person and/or place detailed in the order;
4.2. a designation of the criminal offense in relation to which the order has been issued;
4.3. an explanation of the basis for the sound probability specified in paragraph 3. of this
Article;
4.4. a description of the evidence, or specified property sought in the search; and
4.5. a separate description of the person, premises or property to be searched.
5. The provisions of this and other Articles that refer to the search of a person, residence, or
other property shall also apply mutatis mutandis to searches of concealed spaces in vehicles
and other means of transportation, as well as to any electronic device, including but not limited
to computers, cameras, mobile telephones, mobile electronic devices or mobile electronic
storage devices, which belong to or are in possession of the person, or which are located in the
residence or in the property.
6. The police shall notify the state prosecutor of any evidence, or specified property temporarily
sequestered by the police pursuant to a court search order within forty-eight (48) hours after the
search is completed.
7. Within seven (7) days of the notification detailed in paragraph 6. of this Article, the state
prosecutor shall apply to the court for a final restraint order under Article 261 of this Code for
specified property detailed in the search order which has been temporarily sequestrated by the
police.
8. Temporarily sequestrated evidence shall be dealt with in accordance with Article 110 of this
Code.
Article 104
Time Limitations on Execution of Search Order
1. A search order shall be executed by the police within seventy-two (72) hours of the issuance
of the order.
2. Upon application by the state prosecutor, the court may extend the time limit set forth in
paragraph 1. of this Article up to a further seventy-two (72) hours, if the state prosecutor proves
that one of the following conditions exist:
2.1. the criminal offense involves four or more defendants;
2.2. multiple injured parties have been identified;
2.3. the investigation relates to an organized criminal group; or
2.4. other extraordinary circumstances exist requiring an extension.
3. The police shall execute the search order between the hours of 06:00 and 22:00.
4. Notwithstanding paragraph 3. of this Article, a search order may be executed outside these
hours if:
4.1. the search started to be executed within these hours and is not completed by 22:00;
4.2. a search is being conducted under Article 108 of this Code;
4.3. conditions of Article 105 paragraph 2. of this Code delay the beginning of the
execution of the search;
4.4. a delay could lead to the escape of the person sought to be searched;
4.5. evidence or specified property would otherwise be lost, destroyed, or disposed of; or
4.6. if it concerns premises in which persons conduct their business activity mainly after
the hours of 22:00 to 06:00.
Article 105
Procedure before the Initiation of Search and Rights of Persons
1. Before beginning the execution of the search order, the police shall provide the order to the
person against whom the order is directed and such person shall be informed that he has the
right to contact a lawyer who has the right to be present during the search.
2. If the person requests a lawyer to be present during the execution of the search order, the
police shall postpone execution of the search order until the arrival of the lawyer, but no longer
than two (2) hours after the lawyer has been informed about the search. In the meantime, the
police may restrict the movement of the person concerned and other persons in the premises
that are about to be searched. In order to protect the safety of persons and property or to
prevent the disposition, destruction or loss of evidence or specified property, the police may
begin the search even before the expiration of the time limit for the lawyer to arrive.
3. Before beginning the execution of the search order, the police shall ask the person to
surrender voluntarily the person or the evidence or specified property sought.
4. The execution of the search order may start without the prior presentation of the order or
the prior request for surrender of the person or evidence, or specified property sought if armed
resistance is expected, or if the effectiveness of the search is likely to be undermined if it is not
conducted instantly and without warning, or if a search is conducted on public premises.
Article 106
Procedure during the Search and Rights of Persons
1. During an execution of a search order of a residence or other property, the person whose
residence or other property is being searched, or a representative of such person shall have
the right to be present.
2.During an execution of a search order of a person, residence, or other property, two (2) adult
persons shall be required to be present as witnesses. Before the search begins, the witnesses
shall be warned to observe closely how the search is conducted, and shall be informed of their
right to make objections, if any, to the contents of the record of the search before it is signed.
3. A search of a female person shall only be carried out by a female police officer and only
female persons shall be witnesses.
4. A search may be conducted without witnesses being present if their presence cannot be
secured immediately and it would be dangerous to delay the beginning of the search. The
reasons for conducting the search without the presence of witnesses shall be noted in the
record.
5. The police may conduct a search of a person without an order or the presence of witnesses
when executing a ruling to compel a person to appear or when making an arrest, if there is
a grounded suspicion that the person possesses a weapon or a tool for attack or that he will
dispose of, hide or destroy evidence, or specified property.
6. A locked residence or property may be opened forcibly only if the owner is not present or
refuses to open the residence or the property voluntarily.
7. A search of a person may include an intimate search which shall be conducted by a qualified
medical doctor or nurse in accordance with the rules of medical science and with full respect
for the person’s dignity.
8. If a search is conducted on the premises of a public entity, a representative of the public entity
thereof shall be invited to attend the search.
9. A record shall be compiled of each search of a person, residence, or other property. Such
record shall be signed by the person who has been searched or whose residence or other
property have been searched, his lawyer if present during the search and persons whose
presence is obligatory under this Code and the applicable Laws. The evidence, or specified
property temporarily sequestered shall be entered and accurately described in the record, and
the same shall be indicated in the receipt, which shall be immediately given to the person from
whom evidence, or specified property has been temporarily sequestered.
10. Evidence, and specified property temporarily sequestered in the search shall be maintained
Article 107
Search and Temporary Sequestration of Evidence or Specified Property not Detailed in
the Search Order
1. If during the execution of a search order of a person, residence or other property evidence,
or specified property are found which are not set forth in the order for the search but which are
otherwise evidence of this or another criminal offense or specified property, this evidence or
specified property shall be described in the record and temporarily sequestered, and a receipt
of temporary sequestration shall immediately be issued and maintained as set forth in Article
110 of this Code.
2. A notification thereof shall immediately be sent to the state prosecutor, no later than within
forty-eight (48) hours after the search is completed.
3. With regard to evidence and specified property temporarily sequestrated under this Article,
the state prosecutor shall, within seventy-two (72) hours from the execution of the search, apply
to the court in order to obtain retroactive approval of the court for the search and temporary
sequestration, in compliance with Constitutional provisions.
4. If the search and temporary sequestration are retroactively approved by the court:
4.1. temporarily sequestrated evidence shall be dealt with thereafter in accordance with
Article 110 of this Code;
4.2. within seven (7) days of the retroactive approval by the court, temporarily sequestrated
specified property shall be subject to an application by the state prosecutor for a final
restraint order pursuant to Article 261 of this Code.
Article 108
Grounds for Searches and Temporary Sequestration without Court Order
1.The police may conduct a search of a person, residence or other property and temporarily
sequestrate evidence of a criminal offense and any specified property without an order of the
pretrial judge if:
1.1. the person subject to be searched or the person who is the owner or otherwise who
has the authority to consent to a search of the residence or other property, knowingly and
voluntarily consents to the search;
1.2. a person is calling for help;
1.3. a perpetrator caught in the act of committing a criminal offense is to be arrested after
a pursuit;
1.4. to protect persons or property from serious risk or harm;
1.5. to prevent the imminent disposition, destruction or loss of evidence, or specified
property; or
1.6. a person against whom an order for arrest has been issued by the court is to be
found in the residence or other property.
2. If the police have conducted a search without a written court order, they shall send a report
to that effect to the state prosecutor no later than forty-eight (48) hours after the execution of
the search.
3. The state prosecutor shall, within seventy-two (72) hours after the execution of the search,
apply to the court in order to obtain retroactive approval of the court for the search and temporary
sequestration.
4. If the search and temporary sequestration are retroactively approved by the court:
4.1. temporarily sequestrated evidence shall be dealt with thereafter in accordance with
Article 110 of this Code;
4.2. within seven (7) days of the retroactive approval by the court, temporarily sequestrated
specified property shall be subject to an application by the state prosecutor for a final
restraint order pursuant to Article 261 of this Code.
Article 109
Inadmissibility of Evidence from Search
Evidence obtained during a search shall be inadmissible if during the search was conducted
serious violation of the provisions of this Chapter that resulted in an irreparable miscarriage of
justice.
Article 110
Temporary Sequestration
1. Pursuant to a court order under Article 103 of this Code, or a search pursuant to Article 107
or 108 of this Code, the police may temporarily sequestrate evidence and specified property.
2. Specified property may also be temporarily sequestrated pursuant to a temporary restraint
order issued by the state prosecutor under Article 260, paragraph 4. of this Code.
3. Temporarily sequestrated evidence shall be dealt with in accordance with this Article.
4. Temporarily sequestrated specified property shall be subject to an application by the state
prosecutor for a final restraint order under Article 261 of this Code, or dealt with according to
paragraph 13. and paragraph 18. of this Article.
5. When evidence, or specified property is temporarily sequestered, an indication shall be given
of where they were found and they shall be described. If necessary, the verification of their
identity shall be secured in some other way. A receipt shall be issued for the objects taken.
6. Evidence that is temporarily sequestrated shall be photographed and maintained in appropriate
containers or transparent plastic bags and the authorized police and state prosecutor shall
maintain the photographic record and a record of the chain of custody for each object or set of
documents.
7. Weapons, automobiles, airplanes or other large objects that are temporarily sequestrated
shall be photographed and maintained in appropriate secure areas and the authorized police
and state prosecutor shall maintain the photographic record and a record of the chain of custody
for each object or set of documents.
8. Buildings or immovable property that are temporarily sequestrated shall have notices placed
on the building or immovable property that advise the public that the property is subject to
temporary sequestration, that trespassing is not allowed, and that trespassers may be subject
to arrest.
9. Monetary bills or coins that are temporarily sequestrated shall be photographed and
maintained in a safe and the authorized police and state prosecutor shall both maintain the
photographic record and a record of the chain of custody of the monetary bills or coins.
10. Money held in a bank account that is temporarily sequestrated shall be maintained in a bank
account subject to the authority of the court.
11. Specified property that has been temporarily sequestered shall be appropriately maintained
by the police to preserve its identification and value as set forth in this Article, until issuance of
a court order of restraint.
12. Any evidence, subject to temporary sequestration, can be deemed to be specified property
subject to confiscation by the state prosecutor identifying the item as such in the indictment or
in the notification pursuant to Article 278, paragraph 5. of this Code.
13. Evidence and specified property that have not been so designated for confiscation by the
state prosecutor in the indictment or in the notification pursuant to Article 278, paragraph 5. of
this Code and is not otherwise an item set forth in Article 276 of this Code, will be returned to
the owner at the conclusion of all proceedings or the expiration of the statute of limitations for
any applicable criminal offenses, whichever is later.
14. If the owner cannot be identified, such evidence will be disposed of pursuant to Article 114
of this Code.
15. A state prosecutor can also identify specified property which has been designated to be
confiscated in the indictment or in the notification pursuant to Article 278, paragraph 5. of this
Code as evidence to be used in the criminal proceedings. The court shall admit such items
when otherwise admissible, to be used in the criminal proceedings. The state prosecutor shall
apply for a restraint order of such property. If the application for a final restraint order is granted,
the Agency for the Management of Sequestrated and Confiscated Assets shall be responsible
for managing this property in accordance with the Law on the Management of Sequestrated
and Confiscated Assets. The temporary measures for securing this property provided for in sub-
paragraphs 3.5. and 5.1. - 5.3. of Article 262 of this Code or other measures leading to losing
possession of it can only be implemented if the evidentiary value of such property in trial may
be maintained through, inter alia, preserving samples, taking photographs or producing certified
copies.
16. Evidence, and specified property that are temporarily sequestered or subject to a temporary
or final restraint order are under the supervision and control of the state prosecutor. The state
prosecutor may delegate the custody and control of evidence to an authorized police officer to
maintain pursuant to this Code and delegate the custody and control of specified property to
the Agency for the Management of Sequestered and Confiscated Assets to maintain pursuant
to the Law on the Management of Sequestered and Confiscated Assets.
17. If the person or entity who maintains supervision of the evidence, or specified property
that is subject to an order by the court refuses to deliver the evidence, or specified property
instrumentality, or material benefit to the authorized police officer responsible for executing the
order, that person or entity shall be subject to prosecution for Obstruction of Evidence or Official
Proceedings under Article 386 of the Criminal Code and may be fined by the pretrial judge of
up to fifty percent (50%) of the value of the evidence, or specified property. The person or entity
subject to such a fine may appeal the fine within seven (7) days from its imposition or may
negate the fine by complying with the temporary restraint order immediately but no later than
seven (7) days from the moment the decision to impose the fine becomes final.
18. Except for items identified in Article 276 of this Code, any temporarily sequestrated evidence,
or specified property that is not the subject of a request for confiscation or a final restraint
order, will be returned to the owner immediately but in no event later than the conclusion of all
proceedings or the expiration of the statute of limitations for any applicable criminal offenses,
whichever is later. If the owner cannot be identified, such evidence will be disposed of pursuant
to Article 114 of this Code. Any items set forth in Article 276 of this Code are automatically
confiscated without identifying the items in any request or indictment or by any action on the
part of the prosecution.
Article 111
Items not Subject to Temporary Sequestration
1. The following items shall not be subject to temporary sequestration:
1.1. written communications between the defendant and persons who, according to the
present Code, may not testify under Article 123 of this Code, or are exempted from the
duty to testify and have refused to do so in accordance with Article 124 of this Code;
1.2. notes by persons under Article 123 of this Code concerning confidential information
entrusted to them by the defendant; and
1.3. other items covered by the rights of the persons referred to in Articles 123 and 124
of this Code.
2. These restrictions shall apply only if these objects are in the custody of a person who cannot
testify under Article 123 of this Code or is exempted from the duty to testify and has refused
to do so under Article 124 of this Code. Objects covered by the rights of persons referred
to in Article 124 paragraph 1., sub-paragraph 1.5. of this Code shall also not be subject to
sequestration if they are in the custody of a hospital or other medical institution. The restrictions
shall not apply to persons who may not testify under Article 123 of this Code or are exempted
from the duty to testify and have refused to do so under Article 124 of this Code, if such persons
are suspected of incitement or complicity or obstruction of justice or receiving stolen goods or
where the objects concerned have been obtained by a criminal offense or have been used or
are intended for use in perpetrating a criminal offense or where they emanate from a criminal
offense.